These terms and conditions (“Terms”) govern your access to and use of the UDO software application (the “App”) with its features, tools, and data (the “Service”) provided by Udo, LLC (“Udo”, “we” or “us”). By using our App, you agree to these Terms. Please read these Terms carefully before using the App. If you do not want to agree to these Terms, you must not access or use the App.
These Terms are between us and you, not Apple. We are responsible for the App and any content produced on it. If conflicts exist between these Terms and the App Store Terms of Service, the App Store Terms of Service apply. You must comply with applicable third-party agreements when using the App.
Access. You agree not to (1) copy any material from the App without permission; (2) use the App in a manner that could damage the App; or (3) seek unauthorized access to or disrupt the server on which the App is stored.
You represent and warrant that (1) you have reached the age of majority where you live, or you are at least 16 years of age and your parent or legal guardian agrees to be bound by these Terms on your behalf; (2) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (3) you are not listed on any U.S. Government list of prohibited or restricted parties.
We reserve the right to withdraw or amend all or parts of the App in our sole discretion without notice. We will not be liable if all or part of the App is unavailable for any reason at any time or for any period, and we may restrict access to all or parts of the App from time to time.
Scope. The license granted to you in these Terms to use the App and Service is for use on Apple-branded products owned or controlled by you. The App may be used or accessed by other accounts associated with you via volume purchasing. You cannot transfer the App or the Service to someone else, whether for consideration or for free. You must remove the App before you transfer any device on which the App is installed.
Security. We have taken steps to secure your personal information from accidental loss and from unauthorized access or disclosure. However, any transmission of personal information is at your own risk. You agree to use the App on secure wireless networks only and acknowledge that an unsecure wi-fi network makes user data vulnerable to unauthorized access. All information you provide to register for the App must be accurate. Any username or password you create or receive must be kept confidential. You must notify us immediately of any breach, including unauthorized access. You must properly exit your account at the end of each session. You acknowledge that your physical surroundings, including who can see your screen and who is present during App use, impact security. We have the right to disable your account at any time for violation of these terms, any other reasons, or no reason.
Health Care Use. You assume all risks associated with the clinical use of the App. Udo is a communication tool and does not provide health care or diagnostic services. You acknowledge that the App is not designed, intended, or authorized for use in emergency circumstances or environments, or where failure could lead to death or personal injury. You must not use the App for such purposes or under such circumstances.
If you are a health care provider, you acknowledge and represent that you maintain all necessary credentials, licensing, and authorization to practice in the areas you hold yourself out as practicing. Misrepresenting your credentials is a material breach of these Terms. You are responsible for complying with applicable laws for retention of health care records, patient access to information, and patient authorization to release data. You agree to maintain and provide a Notice of Privacy Practices, as defined by the Health Insurance Portability and Accountability Act (“HIPAA”), to patients with whom you communicate on the App. You further agree that you are solely responsible for verifying the accuracy of patient information and for your decisions or actions with respect to the treatment of patients.
If you are a patient, you agree to confirm the identity and credentials of any health care providers with whom you associate within the App and assume the risk of unauthorized health care practice via the App. Please refer to the Notice of Privacy Practices between you and your provider, which governs how Protected Health Information, as defined by HIPAA, and other private information may be used and maintained by your provider, include use of the App.
User Content. Our App allows users to submit information and content to Udo (“User Contributions”). You are solely responsible for any User Contributions you submit to Udo and for the content they contain. Any User Contributions you submit must comply with all applicable laws and regulations.
Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or entity;
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms;
- Be likely to deceive any person;
- Promote any illegal activity, or advocate, promote, or assist any unlawful act;
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Rights in User Content. By using the App, you consent to the recording of your likeness, image, and voice. Any User Contribution you submit to Udo will be considered non-confidential and non-proprietary as to Udo unless otherwise expressly agreed. All User Contributions contributed by you, belong to you. You agree to grant the person, company, or other entity with access to your User Contributions on the App a non-exclusive, irrevocable, perpetual, worldwide license to access, add to, correct, and duplicate your User Contributions to which the person, company, or other entity has access. You agree that Udo may use, collect, disclose, and retain your User Contributions added to Udo cases as required by applicable laws and regulations; to de-identify protected health information and to provide data aggregation services for its own purposes in accordance with applicable laws and regulations; for the proper management and administration of the App and Service; and to carry out Udo’s legal responsibilities.
Monitoring and Enforcement. We reserve the right to:
- Refuse to post any User Contributions for any or no reason in our sole discretion;
- Disclose your identity or other information about you to a third party who claims that your User Contribution violates their rights, including intellectual property or privacy rights;
- Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the App;
- Take any action with respect to any User Contribution that we deem necessary or appropriate, including, but not limited to, actions to protect (a) an individual’s or entity’s intellectual property rights; (b) an individual’s or the public’s personal safety; or (c) Udo exposure to legal liability;
- Terminate or suspend your access to all or part of the App for any violation of these Terms; and
- Fully cooperate with any law enforcement authority or court order that requests or directs us to disclose the identity or other information of anyone who submits a User Contribution.
You agree to waive and hold Udo harmless from any claims resulting from any action it takes during or as a result of its investigations and from any actions taken as a consequence of investigations by Udo or law enforcement authorities. We reserve the right to: reject User Contributions; terminate or suspend your access to the App for a violation of these Terms; and cooperate with any investigation of User Contributions.
Intellectual Property. The App and its entire contents, features, and functionality, including but not limited to all information, software, code, text, graphics, video, and audio and the design, selection, and arrangement thereof are owned by Udo, its licensors, or other providers of such material and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use the App for your personal, noncommercial use, or for limited commercial use as expressly authorized.
No right, title, or interest in or to the App or its content is transferred to you, and all rights not expressly granted are reserved by Udo. Any models pictured on the App may or may not be associated with or users of Udo.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our App, except that you may print or download one copy of your User Contributions or a reasonable number of pages from the App for your own personal, noncommercial use or for commercial use as permitted and subject to any applicable legal or regulatory requirements and limitations. You may not modify copies of any materials on the App or delete or alter any copyright, trademark, or other proprietary rights or legal notices from copies of materials from the App. Should you print, copy, modify, download, or otherwise use or provide anyone else with access to any part of the App in breach of these Terms, you must immediately return or destroy any copies of the materials you have made.
The Udo name and logo, and all related names, logos, product and service names, designs and slogans are trademarks of Udo or its affiliates or licensors. You may not use such marks without Udo’s prior written permission. All other names, logos, product and service names, designs and slogans are the trademarks of their respective owners. App content that is not Udo’s is the sole responsibility of the entity that makes it available.
Using the App in breach of these Terms may violate copyright, trademark and other laws and will result in the immediate termination of your right to use the App. If you would like to use any App material other than as set forth in this section, please email us at [email protected].
In the event of any third-party claim that the App or your use of the App infringes that third party’s intellectual property rights, Udo, not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
Warranties and Disclaimers. Use of the App and its content is at your own risk. Udo does not assume any liability or responsibility for damage or injury to a user from any use of the App. Udo does not warrant that the App or its content will be accurate or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of harmful components, or that the App will meet your needs or expectations. The App, its content, and any services or items obtained through it are provided on an “as is” and “as available” basis, without any warranties, either express or implied, of any kind.
If the App fails to conform to an applicable warranty, you may request from Apple a refund of the purchase price for App costs collected by the App Store. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our responsibility.
Claims. We are responsible for addressing any claims from you or any third party relating to the App or the end-user’s possession or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. You agree to defend, indemnify, and hold harmless Udo, its affiliates, and service providers, and its and their respective officers, directors, employees, contractors, and agents from and against any claims arising out of or relating to your violation of these Terms or your use of the App or any information obtained from the App.
Enforcement. The laws of the State of Utah will apply to any disputes arising out of these Terms. All claims arising out of these Terms will be litigated exclusively in the federal or state courts of Salt Lake County, Utah. These Terms are severable and apply to the maximum extent enforceable. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and, upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you. Udo’s failure to enforce any term or condition set forth in these Terms will not be a waiver of such. If you do not agree to the current Terms as modified, you should discontinue your use of the App.
Liability Limitation. You can recover from Udo and Apple only direct damages up to the amount of the purchase price of the App, if any. You cannot recover any other damages, including consequential, lost profits, special, indirect, or incidental damages.
182 N Union Ave.
Farmington, UT 84025
Last updated June 16, 2022.
© Udo, LLC (2022). All Rights Reserved.