Last Updated: 24.05.2018
If you are using the platform on behalf of a company, medical practice or other legal entity, you are nevertheless individually bound by this agreement even if your company has a separate agreement with us.
2. Terms Applicable to Healthcare Professionals
a) If you are a Healthcare Professional, the provisions set out in Appendix A (Terms Applicable to Healthcare Professionals) will apply.
b) We reserve the right to change any information, material or content contained on, or provided through the Platform at any time, and from time to time, without notice.
4. Usage of the Platform and Service Eligibility
5. Notifications and Service Messages
6. License Grants
b) You grant to us a irrevocable, royalty-free, fully paid-up and worldwide license to access, collect, store, disclose and use any data, information, records and files that you load, transmit to or enter into the Platform for the purposes of: (1) making available the Platform; (2) developing and improving the Platform; (3) complying with applicable law; and (4) complying with our reasonable audit and data retention policies.
a) All copyright and / or associated rights and / or rights regarding computer programs / software and / or industrial property rights, as well as any others of similar nature, commonly jointly referred to as (“Intellectual property”), among others, related to all and any product or service, project, technological solution or technical documentation, design work, manuals, databases, simple ideas or know-how, trade secrets, commercial information sales/marketing techniques, regarding the Platform are the exclusive property of Tonic App.
b) Use in any form, fully or in part, by any person, of anything related to the abovementioned type of intellectual property rights that are the exclusive property of Tonic App require prior written authorisation by Tonic App.
c) The Platform and all materials provided by us hereunder are licensed and not “sold” to the users, the Healthcare Professionals.
You will be required to sign up for a user account (the “User Account”) using the available interfaces on the Platform and to provide a valid, working email address and password to access and use the Platform and communicate with other healthcare professionals through the Platform. Upon registering, you will select a password. Your email address and the password and codes assigned to you are, collectively, your “User Information”.
To register, you must provide your name, email address, medical specialty, and other information specified in the registration form (“Registration Data”). You represent and warrant: (1) the Registration Data that you provide about yourself is true, accurate, current, and complete; and (2) you will maintain and promptly update the Registration Data to keep it at all times true, accurate, current, and complete. You authorise Tonic App, in its sole discretion, to confirm the truthfulness and accuracy of the Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Tonic App has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Tonic App has the right to suspend or terminate your User Account and refuse any and all current or future use of the Platform. You also authorise Tonic App to access your contact list and/or address book on your device at your direction in order to allow you to share information, images and videos with specific contacts you choose, connect with your colleagues, or to allow you to invite specific contacts you choose to use the Platform. If your invitee is a resident of any country that has anti-spam laws or privacy laws requiring consent from users in place, including, but not limited to, Argentina, Australia, Belarus, Brazil, Chile, Costa Rica, Iceland, Ireland, Israel, Japan, Mexico, New Zealand, Norway, Peru, South Africa, Turkey, the United Kingdom, Venezuela or any part of the European Economic Area, you must obtain his or her prior consent to use his or her email address to share information, images or videos or issue an invitation to use the Platform.
b) You agree and warrant that: (1) you will, at all times, comply with all applicable laws (including all applicable privacy laws); and (2) all information, material or content that you provide to us will contain no information about an identifiable individual or information (“Personal Data”) that is otherwise subject to applicable laws or regulations, including, but not limited to, any applicable laws, rules or regulations relating to personal health information and personal information and privacy, depending on your country or jurisdiction of access to the Platform, except for Personal Data in respect of which you have obtained all applicable third party consents, authority and permissions, and have made all applicable third party disclosures, in each case if and as required by applicable laws (including privacy laws), regarding all collection, storage, use, disclosure and transmission, including to us and to all applicable third parties. You retain the sole responsibility of your individual compliance with applicable laws.
c) Please note that certain information, statements, data, and content (such as photographs) which you may submit to the Platform, or groups you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part.
11. User Content Terms
All content generated by a user registered in the Platform (“Registered User”) including all message data transmitted using the Tonic App Mobile Application, must comply with local, national, provincial, state, and federal privacy legislation and best practices. Identifying information must be removed.
When submitting images through the Platform, you must remove all personally identifying information (or information which could be used to identify an individual) regarding the person in the image and the relatives, employers, or household members of that person. This includes, but is not limited to, the following: (a) names; (b) all geographical subdivisions smaller than a state or province, including street address, city, county, precinct, zip code, and their equivalent geocodes; (c) all elements (except year) for dates directly related to an individual, including birth date, admission date, patient encounter date, discharge date, date of death and exact age if over 89; (d) phone numbers, fax numbers, email addresses; (e) social security numbers, national identity number, or equivalent; (f) medical record numbers; (g) health plan beneficiary numbers; (h) account numbers; (i) certificate/license numbers; (j) vehicle identifiers and serial numbers, including license plate numbers; (k) device identifiers and serial numbers; (l) Web Universal Resource Locators (URLs); (m) Internet Protocol (IP) address numbers; (n) biometric identifiers, including finger and voice prints; (o) full face photographic images and any comparable images, such as photographic images of scars, tattoos, piercings etc. which would allow for an identification; (p) and any other unique identifying number, characteristic, or code.
The Registered User agrees and warrants that they have removed all identifying information and that Registered User does not have actual knowledge that the Images could be used alone or in combination with other information to identify an individual who is the subject of the information.
12. Ownership and Security of Content
Tonic App does not claim ownership of any content that you post on or through the Platform. Any information that you provide will be secured with industry standard protocols and technology. Tonic App is ISO-27001 certified (international standard for managing risks to the security of information held by organisations).
13. “Tonic Search” – Content
The data displayed in Tonic Search is provided by the third party indicated as the data source. Tonic App does not create this data, vouch for its accuracy, or guarantee that it is the most recent data available from the data provider. For many or all of the data, the data is by its nature approximate and will contain some inaccuracies. The data may contain errors introduced by the data provider(s) or any others.
Tonic App expressly disclaims the accuracy, adequacy, or completeness of any data and shall not be liable for any errors, omissions or other defects in, delays or interruptions in such data, or for any actions taken in reliance thereon. Neither Tonic App nor any of the data providers will be liable for any damages relating to your use of the data.
14. Subscription / Usage Fees
Tonic App does not currently charge fees for the use of the Platform. However, you acknowledge and agree that Tonic App reserves the right, in its sole discretion, to charge you for and collect fees from you for the use of the Platform and to send and receive communications. Tonic App will provide notice of any fee collection via the Platform prior to implementing such a fee, and you will have a choice at that time to continue to use the Platform or not. If you choose not to pay, Tonic App reserves the right to immediately terminate your access to the Platform.
15. Unlawful or Prohibited Use
Without limiting the generality of the foregoing, you will not, and will not permit anyone else to, without our prior written permission: (a) use, display, mirror or frame the Platform, or any individual element within the Platform, Tonic App or Tonic App’s names, any Tonic App trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Tonic App’s express written consent; (b) access, monitor or copy any part of the Platform using any robot, spider, scraper or other automated means or any manual process for any purpose; (c) violate the restrictions in any robot exclusion headers on the Platform or bypass or circumvent other measures employed to prevent or limit access to the Platform; (d) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on the Platform; (e) deep-link to any portion of the Platform for any purpose; (f) remove any watermarks, labels or other legal or proprietary notices included in the Platform; (g) modify or attempt to modify the Platform, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Platform; (h) use the Platform as part of any service for sharing, lending or multi-person use; (i) attempt to assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Platform; (j) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the Platform; (k) create adaptations, translations or derivative works based on the Platform, in whole or in part, or decompile, disassemble, reverse engineer or otherwise exploit any part of the Platform; (l) use the Platform in a manner that violates the rights (including, but not limited to, intellectual property rights) of any third party.
16. Third Party Websites
The Platform may provide links to third party websites. We do not endorse the information contained on those websites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked website is not under our control, and if you choose to access any such website, you do so entirely at your own risk.
You acknowledge and agree that some of the Platform may be supported by advertising revenue and may contain advertisements or promotions. If you elect to have any personal, professional or business dealings with anyone whose products or services may be advertised on the Platform, you acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that Tonic App shall not have any responsibility or liability for any losses or damages that you may incur as a result of such dealings.
We cannot and do not guarantee or warrant that the Platform is compatible with any computer system or that the Platform, or any links from the Platform, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Platform. We will maintain industry standard anti-virus software and tools on systems provided by the Platform.
19. Confidentiality of Communications
We do not guarantee the confidentiality of any communications made by you through the Platform. Although we generally adhere to the accepted industry practices in securing the transmission of data to, from and through the Platform, for instance Tonic App is ISO-27001 certified, you acknowledge and agree that we cannot and do not guarantee the security of data transmitted over the Internet or public networks in connection with user’s use of the Platform.
20. General Disclaimer
Use of the platform is at your own risk. The platform is provided “as is” and “as available”. To the extent permitted by applicable law, we disclaim all warranties, representations and conditions of any kind with respect to the platform whether express, implied, statutory or collateral, including, without limitation, the implied warranties and conditions of merchantability, merchantable quality, fitness for a particular purpose and non-infringement, quality, accuracy, reliability, completeness, currency or timeliness of the platform, or that the platform is or will be error-free or will operate without interruption.
21. Limitation of Liability
a) Tonic App shall not be held liable under any circumstances, except solely for the liability that results from legal stipulation that cannot be excluded.
b) You agree that the products provided by Tonic App are made available “in their current status” and “according to availability”, and also accept that not all of the information is provided exhaustively.
c) In the widest sense possible according to the applicable law, Tonic App denies all guarantees, express or implicit, included, but not limited to, implicit guarantees of marketability and convenience for a specific purpose and does not guarantee that the functions contained are uninterruptedly available or are free of errors, that such defects shall be corrected, or that the webpages or the server that provides these are free of virus or other malicious elements; furthermore, in the widest sense possible according to the applicable law, Tonic App does not guarantee or make representations regarding the use, or results of the use, or the materials on this webpage, or the products in terms of quality, suitability, precision, reliability, safety, or any other aspects.
d) Tonic App does not guarantee, in any way, operation and suitability for any use, security, efficacy or approval by domestic or foreign regulatory agencies, and refuses liability for any consequences that may arise from future changes to the law, such as use of the products being forbidden or restrictions on the use of the products.
e) You expressly recognise and accept that the products are used in association with other services which, if these work badly or do not work, may provide wrong data and / or prevent the products from operating correctly and / or for their intended purpose, for which reason they shall expressly waive Tonic App liability regarding any failures and / or other circumstances that result from the operation of that type of services.
f) Tonic App shall not be liable for:
i) Losses regarding which you are at fault;
ii) Losses regarding which third parties are at fault;
iii) Losses arising from force majeure or act of God;
v) Losses arising from interferences, interruptions, computer viruses, breakdowns or disconnection of the operating system that may prevent users from access and navigation and / or access and the correct use of the products;
vi) Any other circumstances under which it is not liable according to the law.
You will defend, indemnify and hold harmless us and all of our officers, directors, affiliates, partners, employees, agents, successors and assigns (collectively, the “Tonic App Indemnitees”) from and against any liabilities, claims, demands, recoveries, losses, damages, fines, penalties or other costs or expenses, (including, but not limited to, reasonable legal and accounting fees), claimed against the Tonic App Indemnitees by third parties relating to:
b) Your violation of any applicable law (including privacy laws) or the rights of a third party (including, without limitation, privacy or intellectual property rights).
c) Any misrepresentations made to other Healthcare Professionals on the Platform.
23. Proprietary Rights’ Notices
All trademarks, service marks, logos, trade names, and any other proprietary designations of Tonic App used herein are trademarks or registered trademarks of Tonic App. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
24. Term and Termination
25. Geographic Application of the Platform
Not all of the services described on the Platform are available in all jurisdictions. Furthermore, nothing on the Platform constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation is prohibited by applicable law.
26. Governing Law and Jurisdiction
For the purposes of that set forth in art. 18 of Law no. 144/2015, of 08-09, we inform users that, in the event of dispute, they can apply for Alternative Dispute Resolution (ADR), regarding which the following ADR entities are available:
Porto Arbitration & Consumer Information Centre: http://www.cicap.pt
27. General Provisions
28. Apple App Store Additional License Terms
a) The parties acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the Platform.
29. Google Play Additional License Terms
a) You acknowledge that Google is not responsible for providing support services for the Platform.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements of the Platform (“Feedback”). You may submit Feedback by emailing us ([email protected]). You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that you own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.
33. Contacting Tonic App
Please contact Tonic App at:
Name: Tonic App, S.A.
Address: Alameda Eça de Queirós, 350 2º andar habitação 1, 4200-272 Porto, Portugal
Telephone Number: +351 223162973
Email Address: [email protected]
Terms Applicable to Healthcare Professionals
1. Permitted Use
The Platform is provided solely (the “Permitted Use”) to: (a) facilitate communication between healthcare professionals, and (b) to receive newsfeed updates from Tonic App and industry partners including, but not limited to, scientific and professional organisations, pharmaceutical companies, medical devices companies, healthcare providers and recruitment firms.
2. Agreements in Communication
a) If you would like to engage another healthcare professional through the Platform, you enter into an agreement with that healthcare professional by joining a group of two or more end-users, requesting or sending an invitation, or participating in a discussion. By sending a communication to a healthcare professional, you are extending an offer to enter into a contract on such terms and conditions.
b) Notwithstanding the foregoing, you acknowledge that you are engaging directly with the healthcare professional(s) and not us, and that we are not a party to and will be in no way responsible for the content and the advice of any healthcare professional(s). We do not make any representations or warranties of any kind with respect to agreements between healthcare professionals and you acknowledge and agree that we are not an agent or representative of you or/and other end-user.
3. Patient Data and Legal Compliance
a) Legal Obligations: National, provincial, state, and federal laws, as well as ethical and licensure requirements of your profession and health regulatory college and licensing requirements impose obligations with respect to protection of privacy and patient confidentiality that may limit the ability of physicians, healthcare providers, and persons acting on their behalf, to make use of certain confidential patient information (“Patient Information”) and/or to transmit Patient Information to third parties without express consent.
c) Tonic App Disclaimer on Patient Information: We expressly do not assume any responsibility for your use or misuse of Patient Information or other information, whether intentional or inadvertent, that is transmitted, monitored, stored or received while using the Platform. We reserve the right to amend or delete any content (along with the right to revoke any membership or restrict access to the Platform) that we determine in our sole discretion violates the above. We further do not assume any responsibility to make any determinations regarding your subsequent reporting or notification obligations arising from any use or misuse of patient information or other information; these determinations and your actions in response to such determinations remain your sole responsibility.
4. Healthcare Professional Disclaimer
All end users (healthcare professionals) are independent persons and not partners, agents or employees of ours. You acknowledge and agree that we have no control over the quality, knowledge, legality of each professional. We are not liable for the acts, errors, omissions, representations, warranties, conditions, breaches or negligence of any healthcare professional or for any personal injuries, death, property damage or other damages or expenses resulting therefrom. We recommend that you perform your own due diligence before entering into any healthcare professional communication.
Tonic app is primarily an information and educational tool and is not intended to serve the following needs: as a diagnostic service; as a confirmatory service to provide certainty in diagnosis; to select, guide, or promote therapy of medical conditions; for use in hazardous or mission-critical circumstances or for uses requiring fail-safe performance; or in situations where failure could lead to death or personal injury (collectively, “unauthorised purposes”). Because tonic app has not been designed, intended, or authorised for such unauthorised purposes, you shall not use the platform for such purposes or under such circumstances. You further acknowledge that the use of tonic app’s platform for such unauthorised purposes may constitute a violation of laws applicable to the practice of medicine or other health profession(s).
Tonic app reminds you that the service is not meant to serve as a substitute for your own professional medical judgment. You should always exercise your professional judgment in evaluating your patients, and should carefully consider any treatment plan. Tonic app encourages you to confirm the information made available or otherwise obtained through the service with other reliable sources before undertaking any treatment