Clinical Photos Stored in AppwoRx Cloud:

Take Consistent Patient Photos Every Time

Transform your iPhone/iPad into a HIPAA compliant medical photography system.

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APPWORX SERVICE TERMS OF USE

PLEASE READ THIS TERMS OF USE AGREEMENT(“AGREEMENT”) CAREFULLY BEFORE USING APPWORX. BY USING APPWORX, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICE.

1. General.

The AppwoRx platform  is intended to provide  physicians with a complete solution for capturing, cataloging and managing medical photos. The site is provided “as is”, with no guarantee of completeness, accuracy, or timeliness, and without warranty of any kind, express or implied, including, but not limited to, the warranties of performance, merchantability, and fitness for a particular purpose. AppwoRx, LLC, and any of its successors or assignees cannot guarantee compatibility or functionality with any specific user browsers or Internet Service Providers. AppwoRx, LLC does not warrant that any information, software or other material downloaded from this site or from any other sites linked to this site will be uninterrupted, error-free, or free of viruses or harmful components. Title and intellectual property rights in and to any content displayed by or accessed through the AppwoRx, LLC Service belongs to the respective content owner. Such content may be protected by or governed by the Health Insurance Portability and accountability Act of 1996 (HIPPA), copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This Agreement does not grant you any rights to use such content in an unauthorized manner. AppwoRx, LLC is committed to assisting covered entities in their obligation to safeguard Protected Health Information “PHI”. Each image in the AppwoRx, LLC Service may be subject to HIPPA and it is the responsibility of the party adding or requesting the image be added to the AppwoRx, LLC Service to obtain appropriate permission to use any image before the image is added to the AppwoRx, LLC Service. At the sole discretion of AppwoRx, LLC and in appropriate circumstances, AppwoRx, LLC may terminate the accounts of users or prevent access to the AppwoRx, LLC Service by users who misuse the AppwoRx, LLC Service in any way. If you believe that any image has been used in a way that is inappropriate, please contact AppwoRx, LLC via email to info@MYAPPWORX.com and provide all relevant details. The AppwoRx,LLC Service has been designed to protect the PHI, copyright and use of images in a variety of ways. However, your use of the service constitutes permission for viewing and use of the images sent by the recipient.

2. Permitted Uses and Restrictions.

a. By completing the AppwoRx, LLC Account Creation process, by keeping your account payments up-to-date and by using the AppwoRx, LLC Service, you are permitted to use the service. Use of the AppwoRx, LLC Service constitutes your agreement to any and all restrictions set forth in this Terms of Use Agreement.

b. Users agree to make best effort to use AppwoRx in accordance with all pertinent HIPAA compliance guidelines.

c. Except as and only to the extent expressly permitted in this Agreement or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the AppwoRx, LLC Service or any part thereof.

d. All text, graphics, user interfaces, visual interfaces, trademarks, logos, sounds, music, artwork and computer code (collectively referred to herein as the “AppwoRx, LLC Service”), including, but not limited to, the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on the site is owned, controlled or licensed by or to AppwoRx, LLC, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the AppwoRx, LLC Service and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without AppwoRx, LLC’s express prior written consent.

3. Transfer.

You may not rent, lease, lend, redistribute or sublicense any portion or all the AppwoRx, LLC Service. The AppwoRx, LLC Service enables Account Administrators to create additional users for their account. In all cases, the account holder will be responsible for adherence to this Agreement by all users associated with their account.

4. Consent to Use of Data.

You agree that AppwoRx, LLC may collect and use technical and related information, including, but not limited to, technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the AppwoRx, LLC Service. AppwoRx, LLC may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.

5. Modifications and Termination.

AppwoRx, LLC reserves the right at any time, and from time to time, to modify or discontinue temporarily or permanently any part of the AppwoRx, LLC Service or this Agreement with or without notice. You agree that AppwoRx, LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the AppwoRx, LLC Service. Your sole remedy is to terminate your subscription to the AppwoRx, LLC Service. This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice from AppwoRx LLC if you fail to comply with any term or terms of this Agreement. Upon the termination of this Agreement, you shall cease all use of the AppwoRx, LLC Service.

6. Disclaimer of Warranties.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPWORX, LLC SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE APPWORX, LLC SERVICE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPWORX, LLC, ITS PREDECESSORS, SUCCESSORS AND ASSIGNEES AND APPWORX, LLC’S LICENSORS (COLLECTIVELY REFERRED TO AS “APPWORX, LLC” FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPWORX, LLC SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPWORX, LLC DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPWORX, LLC SERVICE, THAT THE FUNCTIONS CONTAINED IN THE APPWORX, LLC SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPWORX, LLC SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPWORX, LLC SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPWORX, LLC OR AN APPWORX, LLC AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPWORX, LLC SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. From time to time, AppwoRx, LLC may provide links to Internet sites maintained and owned by Third Parties. AppwoRx, LLC does not operate nor control, in any respect, information, products or services on these third party sites. The materials on this site and the third party sites are provided “as is” and without warranties of any kind, either expressed or implied. To the fullest extent permissible by law, AppwoRx, LLC disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Certain links on this site may lead to information or resources maintained by third parties over whom AppwoRx, LLC has no control. Consequently, AppwoRx, LLC makes no express or implied warranties as to the accuracy or any other aspect of such information or resources. AppwoRx, LLC retains the right to modify this disclaimer, as well as the operational practices and functionality of the AppwoRx, LLC Service at any time and at its sole discretion.

7. Limitation of Liability.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPWORX, LLC BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, HIPPA VIOLATION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPWORX, LLC SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPWORX, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall AppwoRx, LLC’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

8. Indemnification.

You agree to indemnify and hold AppwoRx, LLC, its officers, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against AppwoRx, LLC by any third party due to or arising out of or in connection with your use of the AppwoRx, LLC Service.

10. AppwoRx Customer Policy.

By accessing or using the services you agree that your credit card will be be billed on a monthly basis, you are agreeing to the terms and conditions of the AppwoRx pricing policy described herein.

a. Payment accepted via credit/debit card only. AppwoRx accepts payment via a valid credit or debit card. Fees are due and payable in advance and are automatically charged to your credit card on the first day of each month. Fees paid for subscriptions are non-refundable. If your subscription has been suspended for non-payment, it will only be reactivated upon payment, in full, of all overdue fees. Your subscription will not be activated or reactivated without prior payment. Incomplete or incorrect account information may result in cancellation of your subscription and inactivation of your account. Your first month’s prepayment (prorated based on the date your subscription is activated) and the following month will be charged upon activation and you will otherwise be billed on the first day of each month.

b. Termination. In the event you decide to terminate your service, you simply need to notify us and your account will be shut down at the end of the billing period. All prepaid monthly fees are non-refundable and will not be prorated. Upon termination, your photographic records will be made available electronically for download  Upon termination of your account, we accept no responsibility for maintenance of your records.  Photos are available for 7 years after termination of service.  After 7 years, photos will be permanently deleted.

c. Lawful Use. It is a violation of law for you to misuse or fraudulently use credit and debit cards. AppwoRx will report all misuse and fraudulent use to government authorities, credit reporting services, financial institutions and credit card companies.

d. Billing Discrepancies. Your right to raise billing discrepancies and any associated recovery is waived unless reported to AppwoRx at customersupport@myappworx.com within sixty (60) calendar days after such discrepancy is discovered.

Click here to see the AppwoRx Credit Card Form, to submit your credit card information, authorize your agreement to be charged on a monthly basis and confirm your agreement with the AppwoRx pricing policy as described herein.

11. Controlling Law and Severability.

This Agreement will be governed by and construed in accordance with the laws of the State of Florida, as applied to agreements entered into and to be performed entirely within Florida between Florida residents. If, for any reason, a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable use. Specifically, you agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.

12. Complete Agreement; Governing Language.

This Agreement constitutes the entire agreement between the parties with respect to the use of the AppwoRx, LLC Service licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by AppwoRx, LLC. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non- English versions, the English version of this License shall govern.