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-hub–guidelines.
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.