Terms of Use

 

Last updated: September 16, 2021

 

 

This is an agreement between you and Rimads QSTP LLC (hereinafter referred to as “Rimads”, “we”, “our”, “us”, “I”, or “me”). Rimads is a company founded in Qatar and registered under Certificate No. 20171005-1 with Qatar Science & Technology Park, with a registered office at Qatar Science & Technology Park, Innovation Center, Doha, Qatar.

Please read these “Terms of Use”, our “Privacy Policy”, and other applicable guidelines, rules, and policies as may be available at (Terms of Use: https://rimads.ai/avey-terms-of-use; Privacy Policy: https://rimads.ai/avey-privacy-policy), before using the Avey Application (hereinafter referred to as “Avey App”), including its features and services: the “Assess”, “Connect”, “Cure”, and “Hub”.

 

By signing up and creating an account with Avey App, you agree to be bound by these “Terms of Use”, our “Privacy Policy”, and other applicable guidelines, rules, and policies as may be issued in relation to the use of Avey App. If you do not accept any of these terms and conditions, then you cannot create an Avey App account and shall not be able to fully use or access Avey App, its features, and related services. Your use of Avey App and any of its features is subject to any additional guidelines, rules, and policies, as may be issued by us from time to time.

 

1.      Avey App. The services of Avey App include several features, such as the “Assess”, “Connect”, “Cure”, and “Hub”.

 

a.    Assess Feature. The Assess feature is an artificial intelligence-based medical assessment feature, which assesses your symptoms. The feature will ask you for symptoms that you might have and produce a ranked list of likely diseases based on the symptoms that you have entered. The feature will also provide recommendations of medical specialties that may apply to your symptoms. It will also recommend physician/s based on the assessment made, all powered by our algorithms and systems.

 

b.    Connect Feature. The Connect feature is a smart booking system that refers you to physician/s that is/are best suited to treat your medical concern based on the assessment made via the Assess feature. The Connect feature may also be used without going through the Assess feature if you choose to directly book an appointment with a certain medical practitioner. This feature may be used to book for virtual or in person (e.g., in the hospital or clinic) appointments.

 

c.    Cure Feature.  The Cure feature provides a delivery service, which allows you to have your prescription medication, as prescribed by your physician, delivered to your address. This feature is only available now in Qatar.

 

d.    Hub Feature. The Hub feature is an online social platform included within Avey App, which allows Avey App users to interact with one another regarding different healthcare and lifestyle topics. This feature will make distinctions between different tiers of users based on their levels of interaction and whether the users are medical practitioners, hold medical degrees, or otherwise. This feature is meant to serve as a free-flowing public discussion space or forum for Avey App users and to digitize healthcare and lifestyle conversations.

 

2.      Use of Avey App.

 

a.    Users. Avey App users must at least be sixteen (16) years of age. If you are under eighteen (18) years old, the use of Avey App shall require consent of your legal guardian. If you intend to set up an account with and use Avey App on behalf of a business or other juridical entity, you represent and warrant that you have the necessary authority to bind that business or entity to these “Terms of Use” and that you are agreeing to these “Terms of Use” on behalf of that business or entity.

 

b.    Download. To use Avey App, you must have either an Apple ID or a Google account. You can download Avey App for free on your mobile device through Apple Store or Google Play Store.

 

c.    Setting Up an Account. You can set up an Avey App account by signing up with a username and password. Regardless of whether you signed up with an Avey App account, your use or access of Avey App and the information therein shall constitute your acceptance and acknowledgement of these “Terms of Use”.

 

d.    Information provided by yourself. You are responsible for the information that you provide, which you warrant to be complete and correct. It is your responsibility to update the information that you may have provided in case there is any change thereto.

 

e.    Security and Confidentiality of Login Information. You are responsible for maintaining the security and confidentiality of your login information with Avey App and any activity under your account. If you have any suspicion that your account has been used or accessed without your authority, you agree to inform us of this immediately by e-mailing us at legal@rimads.ai.

 

f.    Users Rights. Upon setting up an account with Avey App, we grant you a limited, non-exclusive, non-transferable, and revocable right to use and access Avey App, its features and related services for their intended purposes, subject to your compliance with these “Terms of Use”.

 

g.    Limitations. You are prohibited from transferring your right of use and access of Avey App, its features, and related services to any third party. You are also prohibited from selling, giving away, or transferring your Avey App user account to anyone else. Your right to use and access Avey App does not preclude us from granting other persons the right to access the same. You may not copy, modify, distribute, sell, or lease any part of Avey App, its features and related services, or any data used by said features and services. You shall not reverse engineer or attempt to extract the knowledge repository or source code of Avey App, its features, and related services. You may only access the features and related services of Avey App through the interfaces that we provide for that purpose (for example, you may not “scrape” the Avey
App features and services through automated means or “frame” any part of Avey App features or services)
, and you may not interfere or attempt to disrupt Avey App’s features and related services
.

 

3.      Connectivity and Availability. The use of Avey App may require internet connection from a third-party provider, which is subject to terms, conditions, and limitations that may be imposed by your provider. We cannot make any guarantee that your use of Avey App will be free of any interruption, delays, or default at all times. There may be times that Avey App or any of its features is not available or down due to technical issues, maintenance, or any other unforeseen circumstances, for which we do not assume any liability. In such cases, you are free to inform us of any difficulty in the use or access of Avey App that you may encounter at avey-support@rimads.ai, to allow us to take any appropriate action.

 

4.      No Representation or Warranties. Avey App provides you with medical information based on details that you enter and make available. Avey App is not meant to be taken as equivalent to a medical diagnosis of your condition as if made by a licensed physician. Avey App does not also prescribe medications or provide a treatment plan for any medical issue that you may have. The information provided by Avey App is without any warranty, guarantee, or representation of any kind.

 

5.      Scope of Assess Feature. The assessments that may be provided by Avey App are not official medical diagnoses and should never be relied upon as suitable alternatives to medical advice obtained from licensed physicians and/or other medical practitioners. If there is any concern about your health, it shall be your sole responsibility to seek the advice of a medical professional, to attend appointments with qualified healthcare providers, and/or to contact emergency services in case of any emergency medical issue. We do not take any responsibility for any issues arising from your lack of action in this regard. Ultimately, if you experience any health or medical issue that may be related to the information provided by Avey App, it is your personal choice whether to consult a physician and seek medical advice, for which we do not have any control of and should not have any liability therefor.

 

6.      Use of Connect Feature.

 

a.    Patient. Any patient who books an appointment with a doctor through Avey App must be at least 18 years of age, or of legal age as per their national law. Minor patients may not use Avey App to make appointments for themselves, however their parents or legal guardians are permitted to book appointments through Avey App on their behalf.

 

b.    Our Responsibility. The Avey App’s Connect feature is intended to connect a patient with potential physicians and/or other licensed healthcare providers, who may be of assistance to his/her medical condition or concern as per the information that he/she may have provided to us. In any case, we do not assume any responsibility or any liability whatsoever for any assessment or prescription that such medical practitioner or healthcare provider may issue for the patient.

 

c.    Medical Insurance. The patient is responsible for checking which hospitals and treatments may be covered by his/her personal medical insurance. We do not have any responsibility to confirm these matters for the patient. Also, we shall have no responsibility for any insurance fraud that may be committed by any patient.

 

d.    Change in Appointment. We are not responsible for any change or delay in a patient’s appointment/s with any physician, hospital, or healthcare provider. You or the patient acknowledge and understand that such appointment/s and/or change are not within our control but subject to the physician’s, hospital’s, or healthcare provider’s availability.

 

e.    Patient’s and Doctor’s Behaviours. We expect that the patients and doctors whom we connect via Avey App shall behave in a cordial, polite, and ethical manner. However, we do not take any responsibility for the actions of said patients and doctors, for which we have no control of.

 

7.      Use of Hub Feature. The use of the Hub feature is subject to specific guidelines set out in a separate document entitled “The Avey Hub Guidelines” which form part
of your agreement with us. Please see these guidelines at 
https://rimads.ai/avey-hubguidelines.

 

8.      Further Restrictions on Use. Users of Avey App shall be prohibited from: (i) circumventing, disabling, or otherwise manipulating any of Avey App’s security features or any features preventing or restricting the use or copying of the content that is available via Avey App; (ii) providing false or misleading information in the user account details; (iii) allowing any third party to use Avey App under your account; (iv) using Avey App if we have temporarily suspended your right of use or if we have prohibited you to continue using it; (v) sending us junk mail, spam or repeated messages; (vi) acting in any unlawful or illegal manner, (vii) modifying, interfering with, hacking or disrupting Avey App, or intercepting messages exchanged through Avey App; (viii) misusing Avey App or infiltrating it with viruses, trojans, worms, logic bombs or anything else that might harm Avey App or any other user of Avey App; (ix) extracting data from Avey App except as permitted under these “Terms of Use”; and (x) posting or contributing any abusive, threatening, obscene, misleading, untruthful, or offensive content, or content that contains any form of nudity or violence.

 

9.      Material Breach. Any breach of the prohibition under Clause 8 hereof shall constitute a material breach, and may result in us, at our sole discretion, initiating – either individually or in combination of any of the following actions: (i) an immediate, temporary suspension or permanent withdrawal of the right to use Avey App; (ii) issuance of a warning; (iii) initiation of legal proceedings against you, including a claim for compensation for damages, and including reasonable administrative costs and legal fees incurred due to said breach; (iv) disclosure of information to the law enforcement authorities, if and to the extent permitted by law and deemed by us to be necessary in order to pursue legal remedies; and (v) pursuit of any further action in accordance with these “Terms of Use” and applicable laws.

 

10.   User Threads, Comments, and Feedbacks. You acknowledge that any threads, comments, suggestions, feedbacks, or responses to surveys that you may have provided in connection with Avey App, its features and related services (together the “Feedback”) are not private and/or confidential. You further acknowledge and agree that you are granting us worldwide, non-exclusive, irrevocable, perpetual, royalty-free and unlimited license to use your Feedback in any way, for any purpose, and through any medium or technology now known or unknown, whether in whole or in part, and whether as modified or unmodified. We will always use your Feedback in compliance with these “Terms of Use”, our “Privacy Policy”, any other applicable guidelines, rules, and policies as may be issued by us from time to time, and applicable laws. For avoidance of doubt, the non-confidentiality referred to in this provision only applies to Feedback and does not apply to any data that a user may provide in the course of their use of Avey App, including but not limited to personal data or symptoms given for the Assess feature, which remain strictly private and confidential as per our “Privacy Policy”.

 

11.   Intellectual Property Rights.

 

a.    Ownership of Avey App. Avey App and its features are created and owned by Rimads. No individual is granted any right to: (i) replicate or copy Avey app, either in whole or in part; (ii) sell Avey App to any third party, either in whole or in part; (iii) modify Avey App, in whole or in part, and/or in any manner whatsoever; and/or (iv) attempt to discover or access the source code of Avey App, in whole or in part, unless such information has been published or released by us into the public domain.

 

b.    Published Information. Information published on Avey App is the property of Rimads and/or its content creators, which information are protected by relevant local governing law and international intellectual property laws and treatise. The entire compilation of the information found on Avey App is the exclusive property of Rimads with copyright authorship for said compilation by Rimads. Any misuse and/or misappropriation of such information shall be deemed an infringement of Rimads’ intellectual property rights and shall be a ground for legal remedies, including but not limited to claim for compensation.

 

c.    Use of Avey App Logo. The Avey App tradename and trademark are created and owned by us. Any right to use the name “Avey” (with any combination of lowercase or uppercase letters) or any trademarks, logos, domain names or other characteristic trademarks whatsoever is subject to these “Terms of Use” and any applicable law. Any misuse and/or misappropriation of Avey App’s tradename and trademark shall be deemed an infringement of Rimads’ intellectual property rights and shall be a ground for legal remedies, including but not limited to claim for compensation.

 

12.   Termination. You can stop using Avey App at any time and terminate your agreement with Rimads, for any reason, including your non-acceptance of any changes to Avey App, these “Terms of Use”, our “Privacy Policy”, any other applicable guidelines, rules, and policies as may be issued by us from time to time. Rimads reserves the right to terminate user accounts at any time at its sole discretion, thereby, terminating the agreement between us. In which case, we will provide you with a two-week notice. If the termination is for a cause in accordance with these “Terms of Use”, we further reserve our right to block your access to Avey App, without any notice, provided that no other less severe measure is effective.

 

13.   Data Storage. Any data we collect from you may be stored within Qatar and/or in foreign jurisdictions. As such, laws of said jurisdiction may apply as regards the data stored therein, as the case may be.

 

14.   Deletion of Data. If you or we delete your user account or withdraw your right to access Avey App, we will delete any data stored in relation to you and your account with our “Privacy Policy”. Any remaining rights to use any such data that we may have shall be as per the terms of our “Privacy Policy”.

 

15.   Limitation of Liability. You acknowledge and agree that Avey App, its features and related services are intended to provide you with healthcare information and that we shall have no responsibility for your medical condition or general health, for which you are solely responsible. As such, in no event shall Rimads be liable to you for any incidental, special, punitive, consequential, or indirect damages, including but not limited to, any physical damage, bodily injury, death, emotional distress and discomfort arising in connection with your use of Avey App, its features and related services, as well as, for damages arising from deletion, loss of data, failure to store any information
or other content maintained or transmitted by Avey App, its features and related services, however arising, including negligence. This provision applies to the maximum extent permitted by applicable laws.

 

16.   Governing Law and Dispute Resolution. Rimads’ headquarters is located in the State of Qatar. By using Avey App, its features and related services, you agree that the laws of Qatar, without regard to principles of conflict laws, will govern these “Terms of Use” and any dispute arising therefrom and/or from your use of Avey App. If any dispute arises in connection with your use of Avey App, its features and related services, you agree to contact us first and attempt to resolve any such dispute amicably. Any dispute between us that has not been resolved amicably shall be finally referred to the exclusive jurisdiction of Qatar courts for resolution. By agreeing to these “Terms of Use”, you consent to said exclusive jurisdiction and venue of Qatar courts.

 

17.   Changes to Avey App and “Terms of Use”. We are constantly modifying and improving Avey App. We may introduce new features, change existing features, or remove features, at any time and without notice. We may also change these “Terms of Use”, our “Privacy Policy”, any other guidelines, rules, and policies from time to time. When we do so, we will post the most current version of any such “Terms of Use”, our “Privacy Policy”, any other guidelines, rules, and policies on platforms that may include our iOS and Android applications. If any revision is deemed material, we will notify you of the said changes by email or a notification on your user account with Avey App. If you do not agree to the modified terms, you should discontinue your use of Avey App, its features and related services.

 

18.   Miscellaneous.

 

a.    Communications. You agree that communications can be sent to you by electronic means (such as by email, phone, or other form of text). We may send you notices electronically to the email address that you have provided when you signed up for Avey App, or via other electronic means.

 

b.    Non-Waiver. The failure to enforce any of our rights pursuant to these “Terms of Use” or applicable laws must not be construed as a waiver of such rights.

 

c.    Severability. Should any provision in these “Terms of Use” be or become void or unenforceable, the effectiveness of the remaining provisions will remain unaffected.

 

d.    Binding Nature. These “Terms of Use”, “Privacy Policy”, any other guidelines, rules, and policies that may be issued by us and agreed by yourself shall be binding between us only and no third party shall have the right to enforce any of these contractual provisions.

 

By accepting these “Terms of Use”, you acknowledge and agree that you have read and understood the contents hereof in conjunction with our “Privacy Policy”, and other applicable guidelines, rules, and policies.

 

If you have any questions regarding any of these terms and conditions and/or are having difficulty understanding any aspect of the same, please contact us at legal@rimads.ai so that we could explain these to you.