Terms of Use and Privacy Policy

Terms of Use and Privacy Policy

READ THESE TERMS OF USE ("LICENSE AGREEMENT") CAREFULLY BEFORE TAPPING ON THE BACK BUTTON. BY TAPPING ON THE BACK BUTTON, YOU ACKNOWLEDGE HAVING READ AND UNDERSTOOD THIS LICENSE AGREEMENT. YOU CONFIRM YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, AND YOU AGREE TO BE BOUND BY ALL SUCH TERMS AND CONDITIONS AS OF THE DATE OF SUCH ACKNOWLEDGMENT AND ACCEPTANCE ("EFFECTIVE DATE").

QXMD SOFTWARE INC. ("QxMD") IS WILLING TO GRANT ACCESS TO THIS SOFTWARE ONLY TO PARTIES THAT ACCEPT ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO ALL SUCH TERMS AND CONDITIONS , QxMD IS UNWILLING TO LICENSE AND GRANT ACCESS TO THE SOFTWARE TO YOU, AND YOU SHOULD DISCONTINUE ACCESS. "SOFTWARE" AS USED HEREIN SHALL MEAN THE COMPUTER / SMARTPHONE SOFTWARE OWNED AND / OR DISTRIBUTED BY QxMD AND DISTRIBUTED HEREWITH AND ASSOCIATED SOURCE CODE AND OBJECT CODE AND MEDIA.

"YOU" AND "YOUR" AS USED HEREIN SHALL MEAN (A) THE BUSINESS ENTITY (AND ITS AUTHORIZED REPRESENTATIVES) OR INDIVIDUAL, AS THE CASE MAY BE, USING THE SOFTWARE; PROVIDED, HOWEVER, THAT SUCH INDIVIDUAL IS AT LEAST 18 YEARS OF AGE OR OTHERWISE HAS THE REQUISITE CAPACITY TO CONTRACT UNDER APPLICABLE LAW; OR (B) IF SUCH INDIVIDUAL IS NOT AT LEAST 18 YEARS OF AGE OR OTHERWISE HAS THE REQUISITE CAPACITY TO CONTRACT UNDER APPLICABLE LAW, SUCH USER'S PARENT, LEGAL GUARDIAN, OR OTHER ADULT RESPONSIBLE FOR SUCH USER ON SUCH USER'S BEHALF.

1.License: The Software is licensed only, not sold. Subject to the terms and conditions, and for the Term (defined below), hereof, QxMD grants you, and you hereby accept from QxMD, a limited, personal, non-exclusive, non-transferable, non-sublicensable license to use the object code version of the QxMD Software solely for your own internal, lawful business purposes or personal use, as the case may be. QxMD may, from time to time, provide you with updates or revisions to the QxMD Software, but is not obligated to do so under this License Agreement. The terms of this License Agreement shall govern any updates or revisions to software provided by QxMD which is not subject to a separate license agreement.

2. Ownership: QxMD owns all right, title and interest in and to the QxMD Software, including without limitation all patent, trademark, copyright, trade secret, moral rights, and other intellectual propery (collectively, "Intellectual Property") rights and reserves all rights not expressly granted hereunder. This License Agreement does not convey to you an interest in or to the Software, but only a limited, revocable right to use the Software in accordance with the terms of this License Agreement. You agree that any modifications or enhancement to the Software, or derivative works based upon the Software, developed by or on behalf of you with or without advice or support by QxMD, by QxMD for you, or by or on behalf of any other party shall be the exclusive property of QxMD. In the event that, by operation of law or otherwise, any right, title or interest in or to the Software or any such enhancements, modifications, or derivative works of the Software vests in you or any employees, officers, directors agents, or other representatives (collectively, "Representatives") of yours, you hereby irrevocably, unconditionally, and without encumbrance of any kind assign to QxMD, and forever waive and agree never to assert, and shall cause all such Representatives of yours to irrevocably, unconditionally, and without encumbrance of any kind assign to QxMD and forever waive and agree never to assert, all such right, title, and interest. In addition, you shall, and shall cause all such Representatives, to execute all documents, and undertake all other activities, reasonably required by QxMD in order to vest all such right, title, and interest in QxMD. You acknowledge and agree that each and every such Representative who accesses or uses the Software, or to whom any QxMD Software is disclosed or provided, as required in the performance of your duties and obligations or the exercise of your rights hereunder, shall, prior to such access, use, disclosure, or provision, execute a written agreement with you that imposes on such Representative obligations and use restrictions with respect to QxMD Software that are substantially similar to those imposed on you hereunder and wherein each such Representative irrevocably and unconditionally assigns to you and forever waives and agrees never to assert any and all right, title, and interest, including, but not limited to, Intellectual Property rights, in and to all subject matter conceived, created, or developed by such Representatives and arising out of or related to such Representative's use of, access to, or knowledge of the QxMD Software, as the case may be.

3. Term; Termination: This License Agreement shall take effect on the Effective Date and shall continue until terminated as provided herein or by mutal agreement of the parties ("Term"). Without prejudice to any other rights of QxMD, this License Agreement shall terminate effective immediately if you (i) violate any of the terms of this License Agreement; or (ii) assign or attempt to assign this License Agreement in contravention of the terms hereof. In the event of any such termination, you must immediately cease all use, and destroy the original and all copies of, the Software, and, not later than five (5) business days after such termination takes effect, you shall certify in writing to QxMD that such destruction has been completed. The provisions of Sections 2, 3, 4, 5 and 6 shall survive any termination or expiration of this License Agreement.

4. Limitation of Liability: EXCEPT TO THE EXTENT, IF ANY, NOT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY CONTENT CONTRIBUTORS (collectively, "AUTHOR") AND / OR QxMD (the "DEVELOPER") BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF THE USE OF THIS SOFTWARE AND ITS DOCUMENTATION, EVEN IF THE AUTHOR AND / OR DEVELOPER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

5. Warranty: THE AUTHOR AND DEVELOPER SPECIFICALLY DISCLAIM ANY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE PROVIDED HEREUNDER IS ON AN 'AS IS' BASIS, AND THE AUTHOR AND DEVELOPER HAVE NO OBLIGATIONS TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS, OR MODIFICATIONS.

6. Additional Terms: The content provided is not meant to be a substitute for professional advice and is not to be used for medical diagnosis and / or medical treatment. Medicine is an ever-changing science. As new research and clinical experience broaden out knowledge, changes in treatment and drug therapy are required. In view of the possibility of human error or changes in medical sciences, neither the author nor the developer warrant that the information contained in this software is in every respect accurate or complete, and they are not responsible for any errors or omissions or the results obtained from the use of such information. Extensive effort has been exerted to make this software as accurate as possible. However, the accuracy and completeness of the information provided by this software cannot be guaranteed. This software is to be used as a guide only, and health care professionals should use sound clinical judgement and individualize therapy to each specific patient care situation. The author the developer make no claims whatsoever, expressed or implied, about the authenticity, accuracy, reliability, completeness or timeliness of the material, calculations, software, text, graphics and links given.




PRIVACY POLICY

QxMD Privacy Principles

QxMD wants to demonstrate its commitment to your privacy and therefore discloses its information and privacy practices.

If you have questions or concerns regarding this statement, you should contact [email protected].

'Calculate by QxMD', also known as 'QxCalculate', was created to enable physicians and other health care professionals to discover and learn about the best decision support and prognostic tools available, in order to improve the provision of healthcare. In order to achieve this objective, QxMD provides an app and website that provides personalized access to this content. QxMD works hard to ensure that the privacy and security of your personal and posted information is our primary concern. The following Privacy Policy provides details regarding how this is done.

Information Collected

QxMD collects personal information that you submit on the registration pages of the app and website (such as your name, email address, professional credentials, job description and country of practice/zip code) and is the sole owner of said information. This type of required information is clearly identified when requested.

QxMD also collects information generated as you interact within our app & website (such as your browser type, mobile device type, IP address, referring/exit pages, operating system, date/time stamp, tools utilized and time spent using each tool). Certain information of this type is stored using "cookies". A cookie is a piece of data stored on a user's device or computer tied to information about that user. We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close you browser. A persistent cookie remains on your hard drive for an extended period of time. You can block or remove persistent cookies by following directions provided in your internet browser's "help" file.

A number of features within the Calculate by QxMD app & website may allow you to post personal information and/or content that will be viewable by other users. As such, when posting any content, you should not reveal anything that you want to keep private. Be aware that any personally identifying information posted on the site may be used to contact you.

Continuing Medical Education

If you elect to collect Continuing Medical Education (CME) or Continuing Education (CE) credit, you are asked to provide personally identifiable information such as your name, zip code and NPI. In addition to personally identifiable information, aggregated non-personally identifiable information about the activities undertaken by CME/CE participants is recorded. Information that you provide in connection with your participation in CME activities, either when registering or requesting credit, may be used as follows:

QxMD partners with educational organizations accredited by the Accreditation Council for Continuing Medical Education (ACCME) to provide continuing education to physicians. Your personally identifiable information is shared with our CME partner(s) who certify CME/CE activities offered, as necessary for their fulfillment of their reporting obligations to the ACCME and other accrediting bodies. These reports may include personally identifiable information about you and credits issued to you, for the purpose of maintaining records and contacting you about additional CME opportunities.

QxMD may use personally identifiable information, including registration information and evaluation data, in assessing educational needs and evaluating its educational activities.

Use of Information Collected

When you register on the 'Calculate by QxMD' app or website, the information you provide forms the basis of your personal profile. This information is stored by QxMD primarily to provide you with personalized content delivery and facilitate interactions amongst other users of the Calculate by QxMD app and website. Data is stored as long as you are a registered user of our service, but removed upon your request.

A secondary use of this information is to allow QxMD to target specific advertising to you. For example, a member that identifies his/herself as an ophthalmologist may receive specific advertisements that differ from those that appear to a member identified as a neurologist.

We use analytics tools to track anonymized user data on how the app and website are used. This data is used for internal review and to optimize the user experience.

We may share some kinds of personally identifiable information with third parties as described below.

  • Other Companies: We have strategic relationships with other companies who offer products and services. When you are interacting with one of these companies, a different privacy policy may apply and will be presented to you at such time.
  • Market Research: From time to time, we may invite you to participate in sponsored or unsponsored market research surveys. We may provide aggregate information from the survey results to third parties including the survey sponsor, if applicable. If you receive payment for participating in a sponsored survey, we may be required to provide the sponsor with personally identifiable information about you for its recordkeeping and regulatory reporting purposes. We will not provide any sponsor with your survey responses on an identifiable basis unless we obtain your consent prior to your participation in the survey. If you participate in a survey administered by a third party market research company, this company may identify you when you participate in the survey. We require these companies to agree that they will not provide the survey sponsor with personally identifiable information about you based on your participation in the survey, nor will they market to you based on such participation.
  • Sponsored Content: When you use Calcuate by QxMD, you may be presented with advertisements, promoted research and/or opportunities to engage in industry-sponsored informational programs consisting of sponsor-selected materials. All sponsored content and advertisements will be identified to you by the label Promoted, Advertisement, Information from Industry, Sponsored or some similar designation indicating that the content has been selected by a third-party sponsor.
  • When you choose to engage with sponsored content, you may be asked to provide personally identifiable information which may be used to supplement information about you that we have already received during member registration.
  • The personally identifiable information that you provide when you engage with sponsored content will be used to provide the services you have requested or authorized, respond to your questions, provide you the specific services you select and to send you emails about new programs and selected information from our sponsors as it relates to your specialty or area of clinical practice. You may also receive invitations to engage with other sponsored content from the same sponsor. When you are exposed to sponsored content or an advertisement through the Services, QxMD may identify you by name to the sponsor. We may also provide the sponsor with your specialty and country where you reside, based on your registration profile. We will not provide a sponsor with your personal contact information such as email or postal address. We are not responsible for how the sponsor and its agents use your information and manage your privacy. Further, we may use non-personally identifiable information for research purposes, and we may provide this information in the aggregate to third parties.

Protection of Information Collected

QxMD follows generally accepted industry standard security measures to protect your information. To ensure that your personal information is protected, QxMD relies on Secure Sockets Layer (SSL) software, which encrypts information that you input. SSL is the industry standard used to protect sensitive and personal information as it passes over the web. The Calculate by QxMD user content and data, including each user's personal information, is hosted on a physically, electronically and administratively secure server. In order to access your account, we require that you create a password. If you believe your user information has been lost or stolen, please contact [email protected] and we will respond within 10 business days.

Legal Disclaimer

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our app or Web site.

Access to Information Collected

If you wish to modify your personal information or change/delete the optional information in your profile that is viewable by other users, you can do so at any time by logging onto the site and/or app and accessing your account.

If you wish to remove your account from the QxMD database you can do so by contacting QxMD at [email protected]. You will receive a response within 10 business days. Removed information may continue in backup servers for a reasonable period of time based on industry best practices but will no longer be viewable by other users. If you lose your password or believe it has been stolen, you can reset it via the website or app and a temporary password will be provided to your email on file.

External Emails

If you wish to subscribe to QxMD newsletter(s), we will use your name and email address to send the newsletter to you. At the footer of each email a link is provided to allow you a way to easily unsubscribe. When we have new personalized content that you have indicated you want to be alerted about, you will receive an email notification. You have the option to control if such emails are sent out.

Links

Within the Calculate by QxMD app and website there may be links to other websites that are posted or shared by other users. This Privacy Policy applies solely to information collected by QxMD and, therefore QxMD cannot be responsible for the privacy practices of other websites.

Children and Parents

Calculate by QxMD is not designed for children, and certainly not for children less than 13 years of age. We do not knowingly collect personal information of children under 13 and will delete any information associated with underage users.

Business Transitions

In the event QxMD goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. You will be notified of any such change in ownership or control of your personal information.

Changes to this Privacy Policy

QxMD reserves the right to revise or update this Privacy Policy at any time. In the event that significant changes are made, QxMD commits to advising all users at the time that any significant change is made. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page or app.

If we decide to change our privacy policy, we will post those changes to this privacy statement and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

If you have any comments, questions or concerns regarding our privacy policy, please send a message to our privacy officer at [email protected].

Last update May 10, 2015.