myTransplant Pre-transplant Evaluation App

Terms and Conditions – Patient app

Definitions

This app and the set of supporting services that allow the app to function seamlessly such as the cloud-based data storage and set of Web services that are used to enable data communication will be referred to as the SERVICE. This SERVICE is being offered by Metamagics Computing Pvt Ltd, referred to as METAMAGICS hereafter. The app is being offered to you by your transplant center.

Terms of Service

This document represents a legal document that serves as our Terms of Service. This Terms of Service, along with our Privacy Policy, our Medical Service Disclaimer and other posted guidelines within our Service, (collectively “Legal Terms”), constitute the entire and only agreement between you and Metamagics, and supersede all other agreements, representations, warranties and understandings with respect to our Service and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted through our Service, and you should review all Legal Terms prior to using our Service. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you agree to them.

By using our Service, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully.

If you do not accept our Legal Terms, you should immediately uninstall the app and delete the app permanently from your mobile phone and should not access our Service. If you have already accessed our Service and do not accept our Legal Terms, you should immediately discontinue use of our Service.

Transplant Patient Evaluation APP:

This app is to be downloaded by patients as directed by your transplant center. This app allows you to track your pre-transplant lab schedule. The coordinator at your transplant center will have visibility to the labs completed by you. The app allows you to contact the coordinator for any assistance or queries you may have. Only the authorized users from your transplant center will have access to the details you post on your lab tests.

Responsible Usage

This app is designed to be used by real patients for their real and genuine data. Any deliberate attempts to upload images that do not relate to your health condition or any attempt to upload spurious data to cause deliberate damage to the system will be automatically detected and METAMAGICS reserves the right to immediately terminate such an account without giving any warning or prior notice to the user.

Medical Service Disclaimer

This Medical Service Disclaimer applies to our SERVICE and any health, medical and/or product information contained within (collectively, “SERVICE CONTENT”).

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES (INCLUDING, WITHOUT LIMITATION, ALL INFORMATION AND MATERIAL MADE AVAILABLE, DESCRIBED OR ACCESSED THROUGH THE SERVICES) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

METAMAGICS MAKES NO REPRESENTATION OR WARRANTIES ABOUT THE ACCURACY, QUALITY, RELIABILITY, OR COMPLETENESS OF CONTENT, INFORMATION, OR MATERIAL AVAILABLE ON OR THROUGH THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:

  • a. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, INFORMATION, OR MATERIAL OBTAINED FROM THE USE OF THE SERVICE;
  • b. PERSONAL INJURY OR OTHER HARM, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE;
  • c. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
  • d. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE;
  • e. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD-PARTY; AND
  • f. FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SERVICES.

You understand that you have chosen to download the Transplant Care app out of your own choice. Although the Service allows you to keep track of health parameters, it is not a substitute for the transplant center’s clinical staff. You are advised to follow the pre -transplant care plan and protocol provided by the transplant center.

Privacy Policy

SERVICE and SERVICE CONTENT follows all legal requirements to protect your privacy. Your attending doctor needs a certain type of information to monitor you. The SERVICE and SERVICE CONTENT is designed for you to be able to add and share this information with your attending doctor in a secure way. Your medical information will be visible only to the transplant center staff registered with the SERVICE.

The information that you upload using the SERVICE will be stored on your local device. When you log out of your mobile app, all the locally stored information will be deleted by the SERVICE. However, should you lose your mobile device or it be stolen you should immediately report that to the SERVICE and SERVICE CONTENT support center and your organ transplant center. Metamagics will not be liable for loss of data from your personal device or loss of data by theft of your access credentials.

Automatic Information

When you use our SERVICE, it collects your location and device details. This information is required to stop illegal use of the service in case of theft of your device or theft of your login credentials. We make reasonable efforts to ensure loss of your information or tampering of your information using state-of-the-art technology prevalent currently. This information shall not be shared with any other entity. We use this information only when you report an incidence of loss or theft of your device to our support center and only to stop services to a compromised device so that your information remains safe and untampered. Considering the forgoing, you understand and agree that we are not liable, nor do we assume any liability for our Service or any Service Content in case of loss or theft of your mobile device. In no event shall we be liable for direct, indirect, consequential, special, exemplary, or other damages related to your use of any Service Content.

Applicable Law

The terms of this license are governed by the laws created by the government of India.

Limitation on and Exclusion of Remedies and Damages

You can recover from METAMAGICS and its suppliers only direct damages up to USD 1 only. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. It also applies even if METAMAGICS knew or should have known about the possibility of the damages.
This limitation applies to:

  • Anything related to the app, services, content (including code) on third party Internet sites, or third party programs.
  • Claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

Ownership

The content on the Services, other than Submissions (defined below), including,without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like (“Content”), as well as certain other of the names, logos, and materials displayed on or through the Services that constitute trademarks (“Marks”) are owned by or licensed to Metamagics and are subject to copyright, trademark, and other intellectual property rights under Indian, U.S. and international laws.

You must abide by all copyright notices, information, or restrictions contained in or associated with any Content. The Services are provided for your personal, non-commercial use only.

You may NOT :-

  • Work around any technical limitations in the app
  • Reverse engineer, decompile or disassemble the app
  • Copy the functionality built in this app or copy the contents of the app or copy the any of the screens that make this app to design any new or similar app
  • Make more copies of the app than specified in this agreement or allowed by applicable law, despite this limitation
  • Publish the app for others to copy, rent, lease or lend the app or transfer the app or this agreement to any third party or use the app for commercial app hosting services