Real Time Medical Inc.
Mobile & Web App Terms of Use

Date: Sept 1, 2020

1. Real Time Medical Inc. (“RTM”, “we”, “us”, or “our”) owns and operates the COVID AIKnowledgeEnable™ application,

that is available for all mobile platforms and desktop browsers (the “Application”). RTM develops software platforms and applications that improve the efficiency, quality and ease of medical information sharing between professionals, and which make it easier for healthcare professionals and the general public to locate the right information in real time.

The purpose of the Application is to enable healthcare professionals, practitioners, and the general public to locate up-to-date and credible information that will help them make better informed decisions about their patients, their families, and themselves, through research, private study and education, criticism and review, and reporting.

There are hundreds of new scientific findings, reviews, articles and other similar resources in every medical discipline that are published every day. The Application is an information location tool that uses artificial intelligence (AI) to enable users to locate and navigate to resources containing such information on the Internet and other digital networks. The Application further allows healthcare professionals, and practitioners to provide insights, recommendations, and other commentary regarding the resources and the information contained in the resources. This commentary is intended to assist others in determining whether a resource will be helpful to them.

These terms of use (“Terms”), together with any subscription, services or other similar agreement that you may enter into with us, govern your to access and use of the Application and the services available through it. These Terms incorporate RTM’s Privacy Policy, which explains how we handle your personal information.

You can access our Privacy Policy here: http://www.realtimemedical.com/privacy-policy.

 

2. Acceptance of Terms

Please read these Terms carefully. These Terms constitute a legal agreement between you and RTM. By executing an agreement that references these Terms, or by accessing or using the Application or our services, you confirm your agreement to accept and be bound by these Terms, as they may be amended from time to time (see below), in relation to your entire relationship with RTM, both before and after your acceptance of these Terms. If the individual who accepts these Terms is accepting on behalf of a company or other legal entity, that individual represents that they have the authority to bind that entity and its affiliates to these Terms, in which case the term “you”, “your”, and “yourself” also refers to that entity and its affiliates. If the individual who accepts these Terms does not have that authority, or does not agree with these Terms, that individual and the company or other legal entity they represent must not accept these Terms and may not access or use the Application or our services

 

3. Changes to these Terms

You acknowledge and agree that we may make changes to these Terms from time to time, for any reason, in our sole and absolute discretion. The most recent version of these Terms will be posted at https://www.realtimemedical.com/terms-of-use. If the changes that we make include material changes that affect your rights and obligations, we will take reasonable steps to notify you of the changes in advance. Your continued use of the Application or our services after we post and/or notify you of any changes to the Terms means that you accept and agree to be bound by the Terms as amended.

 

4. Linked Website Disclaimer

The Application provides links to third-party websites for your convenience only. RTM is not responsible for those websites (or any content on or made available on such websites) and the inclusion of these links does not imply that RTM either monitors or endorses them. Please be aware that these third-party websites are governed by separate terms and conditions and privacy policies. We encourage you to be aware when you click these links and leave our Application. Your use of these third-party websites is at your own risk.

RTM is not the author or owner of any scientific, research, medical, or educational works, articles, reviews, papers, studies, findings, documents, content, or other similar materials that you may access via link through your use of the Application (collectively, the “Education Materials”). All Educational Materials are authored and owned by third-parties, and the functionality of the Application is to enable users to locate and navigate to these Educational Materials where they are already available on the Internet. You acknowledge and agree that

  • RTM does not grant you any rights to use, reproduce, copy, distribute, display, present, publish, communicate to the public, perform, transmit, broadcast, make available or otherwise exploit any Educational Materials;

  • your use of any Educational Materials that you access through links available on the Application is governed by the terms and conditions set forth on the website or other digital platform on which the Educational Materials are available.

RTM is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with your use of or reliance upon any information, content, data or other materials available on or through any third-party websites or linked resources.

5. Medical Advice Disclaimer

For the purposes of this section, all references to “content” includes Educational Materials and User Content (as defined below).

The Application is for informational and communicative purposes only. Any content that is available on or through the Application or our services is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek advice of your physician or other qualified healthcare provider with any questions or concerns you have relating to a medical issue or the health or well-being of any person. You should always seek the advice of your physician (or other qualified medical professional) before taking any course of action suggested by any content that you access on or through the Application, including any comments, reviews, evaluations, suggestions, or advice provided by any other user of the Application. Do not disregard professional medical advice or delay in seeking it because of something you have read or accessed through the Application.

6. Content Disclaimer

For the purposes of this section, all references to “content” includes Educational Materials and User Content (as defined below).

RTM does not guarantee the accuracy, quality, appropriateness, or fitness for any purpose of any content that is available on or through the Application, including on any third-party website that you access using the Application. You acknowledge that the Application simply acts as a conduit for you to locate and navigate to such content, where it resides on the Internet and other digital networks and for facilitating research, private study and education, criticism, review, and reporting in connection with same, and that all content posted on, transmitted through, or linked through the Application is the sole responsibility of the user or other party from whom the content originated. You therefore acknowledge and agree that

  • RTM does not control, and is not responsible for, content on or accessible through the Application, including on and through any linked resources;

  • RTM reserves the right to review and delete any content or the means of accessing content at any time, in its sole discretion, for any reason, including that, in RTM’s sole judgment, such content violates these Terms,

  • RTM has no obligation to screen, preview, censor, or alter any content;

  • by using the Application, you may be exposed to content that is inaccurate, misleading or offensive; and

  • you must evaluate and make your own judgment, and bear all risks associated with, the use of the Application.

By using the Application, you agree that it is solely your responsibility to evaluate the risks associated with the use, accuracy, usefulness, completeness, and appropriateness of the Application and the content it may contain, or to which it may provide or facilitate access, from time to time. Under no circumstances will RTM be liable to you in any way for any content that contains any errors, omissions, defamatory statements, or confidential or private information (including personal and health information), for any loss or damage of any kind incurred as a result of the use of any content created, submitted, accessed, transmitted, or otherwise made available on, through or in association with the Application, or for the removal of any content (or the means to access content) from the Application for any reason. For clarity, and without limiting the generality of the foregoing, you acknowledge and agree that the inclusion of any content on or through the Application does not imply RTM’s endorsement of such content and that RTM does not make any claim as to the accuracy of legality of any content.

 

7.User Verification Disclaimer

RTM has no obligation to verify the credentials or other details of any user of the Application, including any users that claim to be healthcare professionals, practitioners, or to have other experience or qualifications that suggest any recommendations or other commentary they provide on or through the Application is credible, reliable, true, or accurate, including regarding any content or the information contained in any content.

 

8. Access to the Application and Account Creation

To use or access the Application, you must sign up for, open, and maintain an account with RTM, which will be subject to the Payment and Subscription Terms set forth in section 9. You must be at least 18 years of age (or the age of majority in your jurisdiction, whichever is greater) to create an account. If you are under the legal age of majority in your jurisdiction of residence, or if you are under the age of majority in the location from which you are using or accessing the Application, you may not use or access the Application.

Before completing the sign-up process for your account, you will be required indicate your acceptance of these Terms (and our Privacy Policy). By creating an account, you represent, warrant, and covenant that you (i) can form a binding contract with RTM; (ii) will comply with these Terms and all applicable laws, rules, and regulations; (iii) will provide accurate, current, and complete information about yourself as prompted by our registration form or otherwise; and (iv) will maintain and update your information, including your contact information, so that it remains accurate, current, and complete at all times. Without limiting the generality of the foregoing, you agree that:

  • you must not provide information that is inaccurate or impersonates any other person, including but not limited to, any RTM employees or other users;

  • you must not provide information that is deliberately confusing or which is offensive, racist, obscene, hurtful, unlawful, or otherwise inappropriate or which breaches the requirements or code of conduct set forth in these Terms; and

  • you will not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions.

You acknowledge that understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any username at any time and for any reason in our sole discretion.

 

9.and Subscription Terms

Registration and Subscription Fees. By completing your registration for an account, you authorize us (or our third party designees, such as Google Play, Apple, or Stripe) to charge you a subscription fee plus applicable taxes (the “Fee”) on a recurring basis in accordance with the offering you select. The taxes payable will depend on your jurisdiction of residence.

Billing Terms and Promotions. The Fee will be charged to you on a monthly basis against the credit card that you provide to us during your registration for an account. If your credit card payment is declined, you acknowledge and agree that you will no longer be able to access or use the Application.

The Fee will be charged to you at the then-current rate either (i) immediately upon commencement of your subscription; or (ii) if your access and use of the Application is offered without charge for a set period, with an initial time period included, or on a reduced fee basis for an initial period (each, a “Promotion”), automatically following the end of such period unless you cancel prior to the end of the applicable period. For example, for a monthly subscription, the initial monthly Fee will be payable immediately upon commencement of the subscription, and you will be charged the Fee on a monthly basis each month of the term of your subscription. If you wish to avoid such charges, you must cancel your subscription prior to the end of the applicable Promotion in accordance with the terms of the Promotion.

Cancellation. You may cancel your recurring subscription by cancelling your subscription through the Application. Your failure to cancel your subscription during the current term of your subscription will result in the renewal of your subscription. For example, if your monthly subscription period commences on the 15th day of the month, you may cancel your subscription at any time prior to the 14th day of the following month to avoid being charged the Fee for the following month.

If you cancel your subscription, you will not be refunded or credited any portion of your last paid Fee, however, you will be able to access and use the Application until the end of month to which your last paid Fee relates.

No Refunds. All Fees are non-refundable. We will not provide refunds or credits for any partial subscription periods or for any period during which you did not use or access the Application.

 

10.  Account Confidentiality

You will be responsible for the confidentiality and use of your username and password and agree not to transfer to any third-party your right to use or access the Application via your account. RTM hereby disclaims any and all responsibility or liability for any unauthorized use of your account. You agree to notify us immediately of any unauthorized use, theft, or appropriation of your account, username, or password. We will not be liable for any loss that you incur as a result of someone else’s using your account, username, or password, either with or without your knowledge. For clarity, you are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities that are conducted through your account.

11.Proprietary Rights and Licenses

License to use the Application. Subject to these Terms, RTM grants you a limited licence to use the features of the Application in accordance with these Terms. The licence granted is non-exclusive, may not be transferred or sublicensed to any other person or entity, and may be revoked by RTM at any time, in its sole discretion.

Ownership of the Application. You acknowledge and agree that the Application, including any and all intellectual property rights in or related to them, are, will be, and will remain the sole and exclusive property of RTM, its affiliates, its licensors, or their respective successors and assigns. Neither these Terms nor your use of the Application convey or will convey to you any right, title, or interest in or in relation to the Application, except for the limited licence that is granted to you expressly in these Terms. All rights in and to the Application and the intellectual property in and related to them are expressly reserved by their owner(s), except to the extent of the licence expressly granted to you in these Terms.

Ownership of Trademarks. You acknowledge and agree that any and all trademarks, company names, trade names, logos, product names, services names, services marks, certification marks, or other indicia of source that are used by RTM in connection with the Application (the “Trademarks”) are and will remain the sole and exclusive property of RTM, its affiliates, its licensors, or their respective successors and assigns. All rights in and to the Trademarks are expressly reserved by their owner(s). Nothing in these Terms gives you any right or licence to use any Trademark without the express written consent of its owner.

12. User Content

License to RTM. By creating, submitting, uploading, publishing or otherwise posting any comments, recommendations, insights, review, feedback, suggestions, reviews, content, data, or other materials, including about or in connection with any Educational Materials (collectively, “User Content”) on or through the Application, you hereby grant RTM a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable, sublicensable right and license to host, store, run, reproduce, copy, distribute, display, present, publish, communicate to the public, perform, transmit, broadcast, make available, and otherwise exploit in any way the User Content and Adaptations (as defined below), including all copyrights and other intellectual property rights therein and thereto, in whole or in part, in any format or media now known or later devised, for or in connection with the Application, and the business, commercial, and promotional purposes of RTM and its users, including providing the Application and the User Content to RTM’s users in accordance with these Terms and authorizing the use of the User Content and Adaptations by those users in any way permitted by RTM from time to time (the “User Content Licence”). For clarity, and without limiting the foregoing, you agree that User Content Licence includes the rights to (a) modify, edit, and translate the User Content, combine and juxtapose the User Content with other content or materials, include the User Content in collective works, and create and exploit derivative works based on or including the User Content in whole or in part (collectively, “Adaptations”); and (b) use the User Content in association with any product, service, cause, or institution.

Waiver of Moral Rights. You hereby waive absolutely, irrevocably, and unconditionally, in favour of RTM and its licensees, any and all moral rights and other similar rights that you or your successors or assigns may enjoy, now or in the future, throughout the world, in relation to the User Content, including any right to the integrity of the User Content, to be associated with it by name or pseudonym, and to control or restrain its use in association with any product, service, cause, or institution.

Permissions. You agree that, before you create, submit, upload, publish, or otherwise make available any User Content on or through the Application, you will obtain from all persons who are, or whose intellectual or other property is, identified, depicted, or otherwise referred to in the User Content, all licences, permissions, consents, and waivers, including waivers of moral rights (“Permissions”) that are necessary for RTM its users, and their respective affiliates, service providers, representatives, licensees, successors, and assigns to exercise their rights in and to the User Content in accordance with these Terms.

Representations, Warranties, and Covenants. In relation to all User Content, that you create, submit, upload, publish, or otherwise make available on or through the Application, you represent, warrant and covenant:

  • the User Content is and will be completely original to you, its sole author (as that term is used in the (Canada), or you are the duly-authorized licensee of the User Content with full right and authority to grant all rights and licences granted by these Terms;

  • you have or will acquire, and will keep current, all Permissions necessary to grant all rights and licences granted in relation to the User Content by these Terms;

  • you have not copied and will not copy any User Content from any other works or subject matter and will ensure that the User Content, and its use by RTM, its affiliates, and their respective licensees and assigns in accordance with these terms, does not and will not violate, infringe. or misappropriate any intellectual property, proprietary, personality, privacy, or other right of any third party, anywhere in the world, or result in the violation of any applicable laws; and

  • you will not submit, upload, publish, link to, or otherwise make available any User Content that is defamatory, abusive, harassing, threatening, hateful, racist, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by RTM in its sole discretion; is illegal, encourages or advocates for illegal activity, or discusses and encourages the commission of illegal activities; expresses or implies that any statements you make or actions you take are endorsed by us or that indicates that you are an employee or representative of RTM; or violates, infringes, or misappropriates any intellectual property, proprietary, personality, privacy or other right of any third-party or results in the violation of any applicable laws.

Publicity. You hereby grant to RTM and its affiliates the right to use, reproduce, and display your User Content, as well as your name, trademarks, brands and/or logos, in its professional portfolios, public and other presentations, websites, social media channels, contributor lists, and customer lists, for the purpose of promoting RTM’s business and professional activities. For clarity, this licence includes the right to list you as a current or past client of RTM or a contributor of User Content, each as the case may be.

13. General Restrictions and Code of Conduct

While using the Application you agree to comply with these Terms and all applicable laws, rules and regulations. We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of the Application. In addition, you agree that you will not:

  • attempt to access

  • use the Application for a commercial purpose or for the benefit of any third-party in a manner that is not permitted by these Terms;

  • reverse-engineer, disassemble, or otherwise attempt to discover the source code to the Application;

  • remove any proprietary notices, labels, or other rights management information from the Application;

  • transmit or disseminate any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, or other form of solicitation through the Application;

  • collect, store, or attempt to collect or store from the Application any personal information of other users without their express permission;

  • impersonate or misrepresent your qualifications or your affiliation with any person or entity;

  • mirror or frame any part of the Application, or any of the content it contains, links to, or otherwise makes accessible, without our express prior written consent or as expressly permitted by these Terms and the terms and conditions applicable to such content;

  • use any robot, spider, site search or retrieval application, or other manual or automatic device to retrieve, index, "scrape," "data mine", or otherwise reproduce or circumvent the navigational structure or presentation of the Application, without our express prior written consent;

  • violate any applicable law or regulation;

  • engage in any conduct which we, in our sole discretion, deem to be detrimental to our interests, including, without limitation, acting or failing to act in a manner contrary to these Terms, or intentionally interfering with the Application, or our computer systems; or

  • encourage or enable any other individual to do any of the above.

Engaging in prohibited conduct constitutes a breach of these Terms and may subject you to civil liability or criminal prosecution under applicable laws. RTM reserves the right to investigate and/or terminate your account, without a refund of any fees or settlement of any outstanding accounts, if you have violated these Terms, misused the Application or any content it contains (or provides access to), or acted in a manner that RTM regards as inappropriate or unlawful.

 

14. Availability of the Application

While RTM endeavors to keep downtime to a minimum, we cannot promise that the Application or availability of content on or through the Application will be uninterrupted, secure or error-free. We reserve the right to interrupt or suspend access to the Application or the availability of the content accessible on and through the Application, or any part thereof, with or without prior notice for any reason and you will not be entitled to any refund of fees or other compensation for any such interruption or suspension.

You are solely responsible, at your own expense, for obtaining and maintaining all Internet access, phone or computer hardware, and other equipment and services needed to access and use the Application.

RTM updates the information on the Application periodically. However, RTM cannot guarantee or accept any responsibility or liability for the accuracy, currency, or completeness of that information. RTM may revise, supplement or delete information, User Content, and services or resources contained on or available through the Application and reserves the right to make such changes without prior notification to past, current, or prospective users.

15. Internet Software or Computer Viruses

Due to the inherent technical limitations of the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on the Application. Due to the ability of third parties to share certain content and materials, computer viruses or other destructive programs may also be downloaded inadvertently from the Application or transmitted inadvertently through any third-party sites that you access on or through the Application. RTM recommends that you install appropriate anti-virus or other protective software.

RTM is not responsible or liable for any software, computer viruses, or other destructive, harmful, or disruptive files or programs that may infect or otherwise affect the use of your computer equipment or other property on account of your access to or use of the Application or your access, download, or other acquisition any content, User Content or other Materials (as defined below) or information from the Application. 

16. General Disclaimer and Limitation of Liability

The Application, all User Content, Educational Materials, and any and all other content, information, and other materials available through the Application (collectively, the “Materials”) are provided “as is”, “where is” and “with all faults”, without express or implied representation, warranty, or condition of any kind. To the maximum extent permissible under law, RTM disclaims all representations, warranties, and conditions, express or implied, including but not limited to implied representations, warranties, or conditions of merchantability or fitness for a particular purpose. RTM does not represent or warrant that the Application, the User Content, Educational Materials, or the Materials will meet your requirements or that their use will be uninterrupted or error-free.

You assume all responsibility and risk for use of this Application, User Content, Educational Materials, and the Materials, including without limitation any of the information contained therein. 

In no event will RTM, any of its parents, subsidiaries, affiliates, or their respective directors, officers, employees, shareholders, investors, partners, principals, agents, employees, staff, contractors, successors, licensees, or assigns (together, the “RTM Parties”) be liable for any incidental, indirect, punitive, exemplary, consequential, or other similar damages whatsoever, or for any damages for loss of profits, loss of revenues, or loss of information, arising under or out of these Terms, including without limitation, your use of, reliance upon, access to, or exploitation of the Application, any User Content, Educational Materials, or Materials, or any part thereof, or any rights granted to you hereunder, even if the RTM Parties have been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence and misconduct), infringement of intellectual property rights, or otherwise.

In any event, the RTM Parties’ total maximum aggregate liability under these terms or in connection with the use or exploitation of any or all part of the Application or any User Content, Educational Materials, or Materials, in any manner whatsoever, will be limited to Five Canadian Dollars ($5.00 CAD).   

The RTM Parties do not assume any risks beyond those expressly stated in these terms.

 

17.You agree to indemnify, defend, and hold harmless the RTM Parties from and against any claim, loss, obligation, demand, damage, cost, liability, or expense (including legal fees and disbursements) they may incur, directly or directly, arising from (i) your use of or access to the Application; (ii) your violation of any term of the Terms; (iii) your violation of any third-party right, including any intellectual property, property or privacy right; or (iv) any claim that your User Content caused damage to a third-party. This defense and indemnification obligation will survive these Terms and your use of the Application.

18. Governing Law

These Terms and your use of our Application are governed by the laws of Ontario and the federal laws of Canada applicable to contracts made and performed entirely within Ontario. Any dispute arising under these Terms will be resolved by the courts located in Toronto, Ontario, which you agree will have jurisdiction over any such dispute.

19.Copyright Dispute Policy (Canada)

If you believe that material or content that resides or is accessible on or through the Application infringes a copyright, please send a notice of claimed infringement to RTM, either by email at info@realtimemedical.com or by mail to the following address: 2498 Yonge Street, Suite 322, Toronto, ON, M4P 2H8. The notice should contain the following information:

  • contact information about the claimant, including name, mailing address, and other particulars required to communicate with the claimant;

  • identification of the work or other subject matter to which the claimed infringement relates;

  • a description of the claimant’s interest or rights in or to the work or other subject matter;

  • identification of electronic location of the infringing material to which the claimed infringement relates, with sufficient detail so that RTM is capable of finding and verifying its existence;

  • the date and time of the commission of the claimed infringement; and

  • any other information that may be prescribed under applicable laws.

The notice may not contain any of the following:

  • an offer to settle the claimed infringement;

  • a request or demand, made in relation to the claimed infringement, for payment or for personal information;

  • any reference, including by way of hyperlink, to such an offer, request, or demand; or

  • any other information that may be prescribed under applicable laws or regulations.

If the notice is not compliant with these requirements, RTM will have no legal or other obligation to take any action in relation to the claimed infringement.

If a proper bona fide infringement notice is received in accordance with these Terms, it is RTM’s policy to remove or disable access to the infringing material; notify the user that posted, submitted or uploaded the subject content that RTM has removed or disabled access to the material; and where RTM deems appropriate, discipline repeat offenders, in accordance with applicable laws, by suspending or terminating the offender’s access to or use of the Application, and the User Content, and Materials they contain, in whole or in part.

20.Digital Millennium Copyright Act Notice (United States)

Our Application contains materials of third parties and links to third party sites. As a result, materials of third parties not owned or controlled by us are included in or linked to our Application.

RTM respects intellectual property rights and expects users of the Application to do the same. If you are an owner of copyright, or the agent of an owner of copyright, and you believe that any of the copyrighted material which is directly available on the Application infringes your copyrighted work, please let us know by notifying our designated agent for notice of copyright claims at the following address:

           

           

By mail:

 

Real Time Medical Inc.

2498 Yonge Street, Suite 322,

Toronto, ON, M4P 2H8.

Attention: Copyright Agent

By email: info@realtimemedical.com

Please include as much detail as possible to allow us to identify the facts or circumstances of the alleged infringement, including:

  • a physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed;

  • a specific identification of each copyrighted work claimed to have been infringed;

  • a description of where the material believed to be infringing is located on the Application (please be as detailed as possible and provide a URL to help us locate the material you are reporting);

  • contact information for the complaining party, such as a complete name, address, telephone number, and email address;

  • a statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  • a statement that the information in the notification is accurate, and that the complaining party is the owner of the right that is allegedly infringed, or agent for the owner.

Upon receipt of proper notice of claimed infringement, we will respond expeditiously by disabling access to materials claimed to be infringing. We may also, in appropriate circumstances, terminate relationships with third parties who repeatedly infringe the copyrights of others in connection with our Application.

 

21.Termination and Suspensions

RTM may, at any time and from time to time, without notice, suspend or terminate your access or right to use to the Application, if RTM determines, in its sole discretion, that

  • you have violated or otherwise breached these Terms;

  • any information provided by you is untrue, inaccurate, not current, or incomplete; or

  • you, or any other parties, are obtaining unauthorized access to the Application, any User Content, Educational Materials, or Materials, or any other systems or information of RTM.

A suspension may be for such period of time as RTM considers necessary to permit the thorough investigation of the conduct at issue. You agree that, upon the suspension or termination of your access or right to use Application, you will immediately cease and desist from all use of the Application unless and until access is restored by RTM.

 

22.You may not assign, transfer, sublicense, or convey these Terms, including any rights granted by RTM and obligations assumed by you, except with RTM’s prior written consent. We may assign, transfer, sublicense, or convey these Terms, and our rights and obligations under them, to any third party without notice to you.

No waiver of satisfaction of a condition or non-performance of an obligation under these Terms is effective unless it is in writing and signed by the party granting the waiver or that party’s authorized representative. Unless expressly granted in writing and signed by the party granting the waiver or that party’s authorized representative, no waiver will extend to any subsequent non-satisfaction of a condition or non-performance of an obligation under these Terms, whether or not of the same or similar nature to that which was waived. No waiver will affect the exercise of any other rights or remedies under these Terms. Any failure or delay in exercising any right or remedy will not constitute, or be deemed to constitute, a waiver of that right or remedy. No single or partial exercise of any right or remedy will affect further exercise of any right or remedy.

The headings used in these Terms and its division into articles, sections, schedules, exhibits, appendices, and other subdivisions do not affect its interpretation.

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

These Terms, together with any additional terms and conditions presented to you at the time of your use of the Application, User Content, Educational Materials, and/or Materials and to any separate written agreement between you and RTM, constitute the entire agreement; there are no representations, covenants, or other terms other than those set out thereunder, and supersedes any previous discussions, understandings, or agreements, between the parties relating to its subject matter.

23. Questions, Concerns, and Suggestions

If you have any questions, concerns or suggestions regarding the Application or these Terms, please contact us at: info@realtimemedical.com.

Please read these Terms of Use before using COVID KE. By using any of the features or services of COVID KE (whether online or on a mobile device), you agree to and accept these Terms of Use.

SECTION 1 – APPLICATION DESCRIPTION

COVID KE was specifically designed for both healthcare professionals and the public to help them make better informed decisions for their patients, their families and themselves. Its available for all mobile platforms and desktop browsers. 

Users benefit from seeing information right from the original source and how healthcare professionals and their peers have evaluated that information, along with any comments, insights or recommendations they may have about a particular finding.

There are hundreds of new scientific findings in every medical discipline, published every day. During this pandemic, you can multiply that by a factor of 10. RTM’s COVID KE app makes triaging this information possible using AI and the collective insight of experienced medical professionals around the world.

With the support of Canada’s National Research Council Industrial Research Assistance Program, Real Time Medical Inc., an expert in developing software platforms that improve the efficiency, quality and ease of medical information sharing between professionals, has made it easier for healthcare professionals and the general public to access the right information in real time.

SECTION 2 – USING COVID KE

COVID KE is not intended to provide medical advice or serve as a substitution for seeking the advice of your healthcare professional.  Users are advised to seek the advice of their doctor before taking any course of action suggested by the information provided by COVID KE, or any information, comments or suggestions provided by any COVID KE users. 

You may use COVID KE only in compliance with these Terms of Use. When you create your COVID KE account, and subsequently when you use these features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. Certain users such as Licenced Doctors, and/or medical research PhD professionals may be required to provide additional identification information to access restricted features.

Subject to these Terms of Use, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use COVID KE. You may access content from COVID-KE only for your personal use. You agree that you will create, access, and/or use only one user account, and you will not share with any third-party access to or access information for your account.

SECTION 3 – COPYRIGHT and RELATED RIGHTS

The COVID KE website and Native Mobile Apps, and, unless expressly stated otherwise, all content therein, is © Real Time Medical Inc. (RTM) 2020. All rights reserved. Except as otherwise indicated herein, RTM owns and shall retain all right, title and interest in and to COVID KE, including all intellectual property rights embodied therein, including all of the service marks, trademarks, trade names or any other designations associated with COVID AIKnowledgeEnableTM, AIKnowledgeEnableTM (aka COVID KE) and all copyrights, patent rights, trade secret rights, and other proprietary rights relating to COVID KE.

Nothing contained in these Terms of Use, or your use of COVID KE, shall be deemed to convey to you any title or ownership in COVID KE or any other materials of RTM.

SECTION 4 – ACCEPTABLE USE of COVID KE

You are permitted to use COVID KE for your personal, non-commercial use.

 

You are prohibited from using COVID KE:

  • to infringe the rights of any person or entity, including RTM;

  • in, or in association with, any product marketing, promotional, or commercial activities, including, without limitation, in, or in association with, advertisements, product brochures, company-sponsored web sites, annual reports, or other non-educational publications or distributions;

  • in, or in connection with, the promotion of a commercial enterprise and/or its product(s) or service(s), and/or in any way that suggests that RTM endorses any specific company or product(s);

  • in any way which is contrary to the policies and principles of RTM and/or which might otherwise jeopardize the name or reputation of RTM

  • to harass or “spam” others, or to distribute malware, spam or any other unwanted activity or content;

  • in any manner which is, or could be considered to be, illegal, or promoting illegal activities; or

  • in any manner which is in violation of these Terms of Use.
     

You are further not permitted to do any of the following with or relating to COVID KE:

  • sharing your password, let anyone access your account, or do anything that might put your account at risk;

  • attempting to access any other user's account;

  • reproducing, transferring, selling, reselling, or otherwise misusing any content from COVID KE;

  • accessing, tampering with, or using non-public areas of COVID KE;

  • breaking or circumventing Real Time Medical’s authentication or security measures, or otherwise testing any vulnerabilities of COVID KE;

  • trying to reverse engineer any portion of COVID KE;

  • trying to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing;

  • impersonating or misrepresenting your affiliation with any person or entity; or

  • encouraging or helping any person, entity or organization from doing any of the above.


RTM may screen or monitor content provided by users, and at its sole discretion, shall remove or edit inappropriate content or activity reported to us or suspend, disable, or terminate a user's access to all or part of COVID KE.

SECTION 5 – USER CONTENT

COVID KE enables certain users, to share their professional opinion and comments (“User Content”) about content that COVID KE search results provide, the source content provided and shared posts by their peers to all COVID KE “Public” users.  Data sources retain all intellectual property rights in, and are responsible for the content contained in the source data, article, publication or video. 

“User Content” means all content created and shared amongst users of COVID KE (e.g., comments, recommendations etc.).

To the extent that you provide “User Content”, you grant RTM a fully-transferable, royalty-free, perpetual, non-exclusive, worldwide license to copy, publicly share, publicly display, distribute, create derivative works based on, and otherwise use, “User Content” that you provide. Nothing in these Terms of Use shall restrict RTM’s legal rights to the “User Content”.

RTM welcomes your suggestions, ideas, comments, and other feedback regarding COVID KE.  By submitting any feedback, you grant RTM the right to use the feedback without any restriction or any compensation to you.  By accepting your feedback, RTM does not waive any rights to use similar or related feedback previously known to RTM, developed by its employees or contractors, or obtained from other sources.

 

SECTION 6 - SECURITY

RTM applies typical security measures and commercially reasonable means to protect COVID KE and the information it contains, but can not, and does not, guarantee that unauthorized third-party access will never be able to defeat these security measures.

SECTION 7 – THIRD PARTY CONTENT, INCLUDING USER POSTINGS

Through COVID KE, you may have the ability to access data sources from publicly accessible third-party links to websites and materials maintained by third-parties, including user postings on the COVID KE App

The views expressed in such third-party content do not necessarily represent the opinions or the stated policy of RTM

RTM cannot guarantee that such third-party content will be free of material you may no agree with or find objectionable.

RTM disclaims any responsibility or liability related to your access to, or use of, such third-party content, and is not responsible for the accuracy, usefulness, reliability, or intellectual property rights associated with such third-party material, including any user postings.

You further understand and acknowledge that you waive any rights or remedies you have, or may have, against Real Time Medical Inc. with respect to the user of COVID KE, its data sources and user provided content.

RTM has no obligation to monitor any user postings or any other user communications through COVID KE.  However, RTM reserves the right to review user postings and to exercise its sole discretion to edit or remove, in whole or in part, any user posting at any time and for any reason. Without limiting the foregoing, upon receiving notice from a user or a content owner that a user posting allegedly does not conform to these Terms of Use, RTM may investigate the allegation and determine in its sole discretion whether to remove the user posting, which it reserves the right to do at any time and without notice.

Any inclusion or use of any third-party content in COVID KE does not imply that such third-party content is endorsed or recommended by RTM, including any implied preference for content of a similar nature.

 

By using COVID KE you agree to abide by any rules or conditions that the source of the content, or RTM, may associate with the content.

SECTION 8 – MODIFING OR TERMINATION OF COVID KE

RTM may add or remove functions or features of COVID KE and may suspend or stop COVID KE or any part thereof at any time at its sole discretion.

 

Accordingly, RTM may terminate your use of COVID KE for any reason. Neither RTM nor any other affiliated entity shall have any liability to you for any such action.

You may cease using COVID KE at any time.

SECTION 9 – USE OF RTM NAME and/or LOGOS

In no case shall you use the RTM, AIKnowledgeEnable, nor COVID KE name or logos, or any abbreviation thereof, or state or imply that RTM endorses or is affiliated with you, or your organization, or that RTM endorses any entity, organization, company, or product. All requests to use the RTM name, RTM products, and/or Logos require advance written approval of RTM.

SECTION 10 – DISCLAIMERS BY RTM

RTM disclaims all liability and responsibility related to the use of COVID KE, its content, and any use or activity related to or resulting from its use.

 

While RTM will endeavour to keep the content of COVID KE up-to-date, RTM makes no representations regarding the completeness or accuracy of any of the information provided in COVID KE. In that respect, and without limitation, RTM hereby notifies you of the following non-exclusive risks and known issues related to COVID KE:

  • COVID KE

  • COVID KE materials, videos and otherwise may express opinions, ideas, and/or recommendations of experts that are to the best of their knowledge at the time of provision of such content, but may later be outdated;

  • Materials on COVID KE may contain errors or mistakes, or may be otherwise inaccurate or incomplete;

  • To facilitate debate and collaboration, RTM may host material of partner organisations, which may not have been co-produced or cleared by RTM.
     

RTM provides COVID KE “as is”, and does not represent that COVD KE is operational, appropriate for your use, complete, accurate, free of defects, virus free, able to operate on an uninterrupted basis, or appropriate for your technical system.

RTM makes no warranty with respect to COVID KE, and disclaims all statutory or implied warranties, expressed or implied, as to the accuracy, completeness or usefulness of any information, apparatus, product, or process related to COVID KE, including, without limitation, to any warranty of design or fitness for a particular purpose, even if RTM has been informed of such purpose.

Any designations employed, or material contained in COVID KE do not imply the expression of any opinion whatsoever on the part of RTM concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries.
 

Any mention of specific data sources, organizations, companies, and devices in COVID KE does not imply that they are endorsed or recommended by RTM in preference to others of a similar nature that are not mentioned. Errors and omissions may be excepted.

SECTION 11 – LIMITATION OF RTM’s LIABILITY

RTM shall not be liable for any loss or damage arising directly or indirectly in connection with, or resulting from, your use of COVID KE.

RTM further expressly excludes liability for any indirect, special, incidental or consequential damages which may arise in respect of COVID KE and its use, and the results thereof.

SECTION 12 – INDEMMIFICATION OF RTM

You shall indemnify, hold harmless, and defend at your own expense RTM, its officers, agents, and employees from and against any claims, demands, causes of action, and liability of any nature or kind resulting from or relating to your use of COVID KE.

SECTION 13 – TERM AND TERMINATION OF YOUR USE OF COVID KE

These Terms of Use shall form an agreement between you and RTM and shall remain in effect so long as you use COVID KE in any format. These Terms of Use, including the rights granted under them, shall terminate automatically upon any breach by you of any of these Terms of Use. Further, RTM may terminate the agreement between you and RTM, including the rights granted under it, at any time, with immediate effect, for any reason, without notice.
 

Upon termination of the agreement between you and RTM and your rights to use COVID KE pursuant to these Terms of Use for any reason whatsoever, you shall immediately cease all use of COVID KE and destroy and/or remove all copies of COVID KE from your computer systems, mobile devices and storage media.

SECTION 14 – GENERAL PROVISIONS

RTM reserves the right to make changes and updates to these Terms of Use without prior notification to you by posting updated Terms of Use on RTM websites, or on the COVID KE website. Such changes and updates shall be applied as of the date of their issuance. These Terms of Use may not otherwise be supplemented, modified, amended, released or discharged unless approved in writing by RTM.

Any waiver by RTM of any default or breach hereunder shall not constitute a waiver of any provision of these Terms of Use or of any subsequent default or breach of the same or a different kind.

If any provision of these Terms of Use is invalid or unenforceable, it is to that extent to be deemed omitted. The remainder of these Terms of Use shall be valid and enforceable to the maximum extent possible.

SECTION 15 – DISPUTE RESOLUTION, PRIVILEGES AND IMMUNITIES

Choice of Law.  The Terms of Use and the agreement if forms between RTM and you shall be governed by and construed and interpreted in accordance with the laws of the Province of Ontario.  It is further agreed that all disputes, controversies or differences whatsoever arising under, in connection with or incident to the Relationship of which the Agreement is a part shall be exclusively governed by and construed and interpreted in accordance with the laws of the Province of Ontario, without regard to conflicts of laws.  Each party hereby expressly waives any other benefit, use or right to which it might otherwise be entitled under the laws of any province, state or nation other than the Province of Ontario; and

Choice of Forum.  It is hereby agreed by and between the parties to this Agreement that all disputes, controversies or differences whatsoever arising under, in connection with or incident to this Agreement or the Relationship of which the Agreement is a part, or relating to the interpretation or application of these Terms of Use or your use of COVID KE in any other respect shall, unless amicably settled, be subject to conciliation.
 

In the event of failure of the latter, the dispute shall be settled by arbitration. The arbitration shall be conducted in accordance with the modalities to be agreed upon by the parties or, in the absence of agreement, in accordance with the UNCITRAL Arbitration Rules. The parties shall accept the arbitral award as final.
 

Nothing contained herein or related to COVID KE in any respect shall be construed as a waiver of any of the privileges and immunities enjoyed by RTM under national or international law, and/or as submitting RTM to any national court jurisdiction.

 

This page was last changed at Fri, 21 Aug 2020 14:41:50.

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