iTranslate Terms & Policies

iTranslate Medical - Terms of Service

Last updated: September 29th, 2020

Thank you for using the iTranslate Medical services and application (“iTranslate Medical”). iTranslate Medical is a service of iTranslate GmbH, based in Gadollaplatz 1, Graz.

Important

These iTranslate Medical Terms of Service (the "Terms"), together with our iTranslate Medical Privacy Policy and iTranslate GmbH Cookie Policy (collectively, the “Terms”), govern your use of iTranslate Medical, so please read them carefully before using the iTranslate Medical application. By using iTranslate Medical, you agree to be bound by these Terms. If you don't agree to these Terms, do not use iTranslate Medical.

If you are downloading iTranslate Medical on behalf of a legal entity, then you hereby represent that you have the authority to bind that organization to these Terms.  Further, if you are downloading iTranslate Medical on behalf of a “covered entity” or “business associate”, as these terms are defined in the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations (collectively, “HIPAA”), we hereby disclaim any obligation as a HIPAA business associate unless you or the organization on whose behalf you download iTranslate Medical enters into a (A) master services agreement and (B) iTranslate Medical Business Associate Addendum with us.  Please contact medical@itranslate.com with subject line “iTranslate Medical Business Associate Addendum” for more information.

We may revise the Terms from time to time. Changes may be posted to our website and in updates to the iTranslate Medical mobile application.  Please check for changes regularly.  By continuing to use iTranslate Medical after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using iTranslate Medical.

Auto Renewing Subscriptions

For auto renewing subscriptions completed in our iOS versions of iTranslate Medical, the following terms apply:

  • Payment will be charged to your iTunes Account at confirmation of purchase.
  • Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.
  • Account will be charged for renewal within 24-hours prior to the end of the current period and identify the cost of the renewal
  • Subscriptions may be managed by the user; auto-renewal may be turned off by going to the user's Account Settings after purchase.
  • Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to iTranslate Medical, where applicable.
  • You can cancel a free trial or subscription anytime by turning off auto-renewal through your iTunes account settings. This must be done 24 hours before the end of a free trial or subscription period to avoid being charged. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free service, where applicable.

Your Information and Responsibilities

  • To use iTranslate Medical, you do not need to create an account unless your use is authorized by an organization that purchases multiple licenses from us.  Please contact medical@itranslate.com with the subject line “iTranslate Medical Enterprise Account” for more information.  In that case, you will be able to sign in by entering the account credentials given to you by your organization.  iTranslate Medical does not support single sign-on authentication through third-party services at this time.
  • You may use iTranslate Medical only if you are 18 years or older and are not barred from using iTranslate Medical under applicable law.
  • If you create an iTranslate Medical account, you are responsible for safeguarding the password that you use to access iTranslate Medical. You are responsible for any activity on your account, whether or not you authorized that activity. You should immediately notify iTranslate Medical (or, if applicable, the organization that gave you credentials to access and use your copy of iTranslate Medical) of any unauthorized use of your account.
  • By using iTranslate Medical, you provide us with graphics, images and text information, including “quick phrases” and customized conversation workflows (collectively, "content"). In order to develop feature enhancements and monitor service performance, we reserve the right to access your content.  If we do so, you hereby grant us a non-exclusive, fully transferable, sublicensable, worldwide, royalty-free, perpetual, irrevocable, fully paid-up right and license to use, copy, reproduce and create derivative works of your content, subject to the iTranslate Medical Privacy Policy. You represent and warrant that you own or have the necessary rights to all of your content, and that our use of your content does not infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Your User Reviews

If you choose to provide app store reviews or reviews via any social medial channel, or other similar communication or messaging features or services (“User Review”), such information may be made publicly available, including commercially or for any other purpose whatsoever without compensation to you, including the public-facing username as it appears with the review. You hereby grant iTranslate and its affiliates a worldwide, perpetual, irrevocable, non- exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your User Review. In addition, you waive any so-called "moral rights" or "performance rights" in your User Review. If you prefer that we do not use your User Review, you will be able to elect for us not to do so by submitting your request here (please include your name, mailing address, and email address). For security purposes, please do not include any password, social security number, payment card or other sensitive information via these features. We have the right, but not the obligation to monitor messages and communications between and among users for security and training purposes. We may, but are not obligated to, remove any content we deem inappropriate.

iTranslate Intellectual Property Rights

iTranslate and its licensors exclusively own iTranslate Medical, including all associated intellectual property rights. You acknowledge that iTranslate Medical is protected by copyright, trademark, and other laws of Austria, the United States and other foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights or notices incorporated in or accompanying iTranslate Medical.

iTranslate grants you a limited, non-exclusive, non-transferable license to view, copy, and display iTranslate Medical solely in connection with your permitted use thereof.

General Prohibitions

You agree not to do-or attempt to do-any of the following:

  • Probe, scan, or test the vulnerability of any iTranslate system or network or breach any security or authentication measures;
  • Access, tamper with, or use non-public areas of iTranslate, iTranslate's computer systems, or the technical delivery systems of iTranslate's providers;
  • Decipher, decompile, disassemble or reverse engineer any of the software used to provide iTranslate;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including sending a virus, overloading, flooding, spamming, or mail-bombing iTranslate
  • Access or search iTranslate or download any intellectual property from iTranslate through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than our publicly supported interfaces;
  • Plant malware or use iTranslate to distribute malware;
  • Send any unsolicited communications, promotions, advertisements or spam;
  • Send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
  • Post or transmit anything that is fraudulent or misleading, or that infringes on others' rights;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate the privacy of others;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the above.

Although we're not obligated to monitor access to or use of iTranslate Medical or your content, or to review or edit any of your content or the intellectual property of other iTranslate Medical users, we have the right to do so for the purpose of operating iTranslate Medical or any of our other products and services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any of your content, at any time and without notice, including, but not limited to when we, at our sole discretion, consider any of your content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that negatively affects iTranslate Medical or any of our other products or services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

DMCA/Copyright Policy

We respect copyright law and expect you to do the same. It's our policy to terminate those accounts that repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you believe that an iTranslate product infringes your copyright, please contact iTranslate’s copyright agent at dmca@iacapps.com

Termination

We may suspend iTranslate Medical or terminate your access to and use of iTranslate Medical, at our sole discretion, at any time and without notice to you. For example, we may suspend or terminate your use if you are not complying with these Terms, or use iTranslate Medical in any way that would cause us legal liability or disrupt others' use of iTranslate Medical. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately. You may cancel your account at any time by sending an email to medical@itranslate.com.

IMPORTANT

Your activity on iTranslate Medical is not monitored by us.  If you have an urgent or specific health care need, please call the emergency services or your regular health care provider, or go to an emergency department near you.

Neither we nor any of our licensors or service providers makes any warranty as to the reliability, accuracy, timeliness, usefulness or completeness of any material, content or information appearing in iTranslate Medical.  We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be included in user-generated content or elsewhere in the service. iTRANSLATE MEDICAL, INCLUDING ALL OF THE MATERIAL, CONTENT AND INFORMATION MADE AVAILABLE THROUGH iTRANSLATE MEDICAL, ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE OR TREATMENT. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health. You should never disregard medical advice or delay seeking it because of something you read when accessing iTranslate Medical. iTranslate Medical not a substitute for professional medical advice.

Warranty Disclaimers

OTHER THAN EXPRESSLY STATED HEREIN OR REQUIRED BY LAW, ALL PRODUCTS AND SERVICES OFFERED THROUGH iTRANSLATE MEDICAL ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.   WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM, AND YOU ACKNOWLEDGE, THAT TRANSLATIONS PROCESSED THROUGH iTRANSLATE MEDICAL ARE NOT GUARANTEED TO BE EXACT, COMPLETE, ACCURATE OR FREE FROM INAPPROPRIATE LANGUAGE.  OUR TRANSLATIONS ARE PROVIDED FOR INFORMATION PURPOSES ONLY, AND SHOULD NOT BE RELIED UPON FOR DECISIONS THAT COULD RESULT IN HARM TO YOURSELF OR THIRD PARTIES.  YOU ARE SOLELY RESPONSIBLE FOR RELYING UPON THE INFORMATION YOU RECEIVE FROM OUR PRODUCTS OR SERVICES.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Indemnity

Be advised, an intended use of iTranslate Medical is to facilitate communications between parties that do not share a common language.  Necessarily, this means that you will be using iTranslate Medical to collect personal data from third parties that have not accepted these Terms.  For this reason, you acknowledge and accept full responsibility for collecting, using and disclosing such personal data in accordance with all applicable laws, and agree to indemnify and hold harmless iTranslate and its corporate affiliates, officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your violations of these Terms, including violations to the personal or privacy rights of third parties as a result of your use of iTranslate Medical; (ii) your misappropriation or infringement of iTranslate Medical or our licensors' intellectual property; and (iii) your content.

Limitation of Liability

NEITHER ITRANSLATE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING ITRANSLATE MEDICAL, INCLUDING OUR LICENSORS, WILL BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, INCLUDING LOST PROFITS OR REVENUES, DIMINUTION IN VALUE ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, LOSS OF DATA, PRIVACY OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE ITRANSLATE‘S OR OUR LICENSORS' INTELLECTUAL PROPERTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ITRANSLATE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL ITRANSLATE'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE ITRANSLATE MEDICAL OR TO ACCESS YOUR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO ITRANSLATE FOR USE OF ITRANSLATE MEDICAL OR TWENTY DOLLARS ($20), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO ITRANSLATE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ITRANSLATE AND YOU.

The limitation of liability set forth above shall only apply to the extent permitted by applicable law.

Governing Law

These Terms and any action related thereto will be governed by the laws of the Austria without regard to its conflict of laws provisions. The place of fulfilment is Graz, Austria. You also have the possibility to enforce Your rights before the competent courts of general jurisdiction. Alternatively, You may use Online Dispute Resolution (“ODR”). ODR offers an out-of-court solution to disputes connected to online transactions: http://ec.europa.eu/consumers/odr/

General Terms

These Terms constitute the entire and exclusive understanding and agreement between iTranslate and you regarding iTranslate Medical, and these Terms supersede and replace any and all prior oral or written understandings or agreements between iTranslate and you regarding iTranslate Medical.

You may not assign or transfer these Terms, by operation of law or otherwise, without iTranslate's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. iTranslate may freely assign or transfer these Terms without notice or restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by iTranslate under these Terms, including those regarding modifications to these Terms, will be given: (i) by iTranslate via email (if available to us); or (ii) by posting to our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

iTranslate's failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of iTranslate. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information

If you have any questions about these Terms, please contact us at:

  • iTranslate GmbH
  • Gadollaplatz 1
  • 8010 Graz
  • Austria
  • medical@itranslate.com
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