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Terms and Conditions
Last Updated: Oct 11, 2023

Introduction

These Terms and Conditions ("Terms"), inclusive of the Privacy Policy & License Agreement, incorporated herein by reference, along with any other relevant policies and guidelines that may be updated from time to time, dictate your usage of our Software and web-based services. The Doc App Software is furnished to you by The Doc App Inc., a corporation based in Florida ("The Doc App Inc.", "us," or "we"). The terms "you" or "your," as applicable, refer to the individual accessing, using, or interacting with the Software in any capacity, along with each of your heirs, assigns, and successors.

IMPORTANT: PRIOR TO MAKING ANY HEALTHCARE DECISIONS OR SEEKING ADVICE ON A SPECIFIC MEDICAL CONDITION, CONSULT WITH YOUR HEALTHCARE PROVIDER. YOUR DOWNLOAD, INSTALLATION, ACCESS, OR USE OF THE SOFTWARE OR WEB BROWSER CONSTITUTES YOUR AGREEMENT THAT YOU HAVE READ, UNDERSTOOD, AND CONSENT TO BE BOUND BY THESE TERMS. IF YOU DISAGREE, DO NOT USE THE SOFTWARE.

Software-as-a-Service

(SaaS)

This agreement gives you the right to access and use our proprietary software as a service, detailed below. The Doc App Inc. furnishes these features via the Internet within a hosted server environment under the terms stipulated in this agreement. Moreover, The Doc App Inc. reserves the right, at its sole discretion, to provide other services and/or paid/subscription services. If such services are provided, the respective terms, including pricing, will be communicated during your registration and/or authorization process for these services, and such terms will be automatically integrated into this agreement.

Membership Fee, Software Pricing and Plans

All users, whether new or existing, will be granted a 30-day trial period at no cost, starting from [effective date for existing users] and the date of registration for new users. Upon the conclusion of this trial period, accounts that have not opted to pay the membership will be deemed past due. Services associated with such accounts will be suspended until the membership fee is paid. By using the Doc App Inc. software, subscribers acknowledge that The Doc App Inc. reserves the right to modify the License Fee or change plans at its sole discretion. Current subscribers will be allowed to continue with their current plan and shall automatically be enrolled into their 30-day trial period. Membership provides patients with access our exclusive database of deals and discounts in the dispensary discount section of the app. While these deals are housed in our unique database, they are not exclusive offers only available to our subscribers. Member fees support improvements in safeguarding patient records and advocating for patient rights. Should a subscriber disagree with any pricing changes, they have the right to terminate their agreement with The Doc App Inc.

Refund Policy

The annual membership fee of $30.00 is non-refundable. Once paid, subscribers commit to a full year of membership, irrespective of whether they choose to terminate their membership before the year concludes.

Data Protection and Security

At The Doc App Inc., the safeguarding of your personal health information aligns with the rigorous standards set by the Health Insurance Portability and Accountability Act (HIPAA). As a Covered Entity, we manage electronic Patient Health Information (PHI). This encompasses identifiable details such as names and medical records. We've instituted strong security measures to ensure data privacy, and in the rare event of a PHI breach, we're committed to swift notification. All third-party integrations within our app also adhere to HIPAA, ensuring a unified protective standard. Periodic self-audits ensure our alignment with HIPAA, and a segment of our app's fees aids in maintaining these standards. Engaging with our app signifies your acknowledgment of our comprehensive efforts to prioritize data security.

User Rights

Throughout the term of this agreement, The Doc App Inc. grants the customer a simple, non-exclusive, and personal right to use the software as described in this agreement, in accordance with the agreed number of users and functional modules. The customer acknowledges that they have exclusive user rights within their operations, and any additional use is not permitted. Ownership of Rights: The customer is granted the agreed SaaS license agreement user rights. The acquisition of additional rights to the software is explicitly denied. The Doc App Inc. retains all rights related to the publication, reproduction, processing, and utilization of the software. The Software is protected by copyright and reproduction is prohibited without the express written authorization of The Doc App, Inc.

Outages and Warranty

The Doc App Inc. commits to the customer that it will make commercially reasonable efforts to maintain the online availability of the service, aiming for an uptime of 99.0% (excluding planned outages, events of force majeure, and outages arising from customer technology issues). Furthermore, The Doc App Inc. assures that the functionality or features of the service may change but will not materially decrease during a paid term, and the support may change but will not materially degrade during any paid term. Any customer claims resulting from the non-availability or non-functioning of the system, for any reason, are expressly excluded.

Notice of Changes

The Doc App Inc. values transparent communication with its subscribers. Should there be any future modifications to the membership fee or any significant alterations to the terms, subscribers will be duly informed through both email and in-app notifications.

Advocacy for Patient Rights

The Doc App Inc. remains committed to the advocacy of patient rights. Subscribers are encouraged to stay informed by checking their emails and app notifications, where details about our initiatives and advocacy efforts will be regularly shared.

Termination by The Doc App Inc.

The Doc App Inc. upholds the right to terminate a patient's membership for any reason. Some of the grounds for such action may include, but are not limited to, misuse of the app, harassment of The Doc App Inc. employees, or defamation against the company.

Contact Information

If you have any queries, complaints, or comments about these Terms, please contact us at:

4055 1st Ave SW Naples, FL 34119

info@thedocapp.com

239-208-6545