Updated: September 2023
Terms of Service
Welcome, and thank you for your interest in Doctronic. The Doctronic website is owned and operated by Uplift Cardio Inc., a company incorporated under the laws of the State of Delaware. Throughout the site, the terms 'we,' 'us,' and 'our' refer to Uplift Cardio Inc. Doctronic is a DBA name for Uplift Cardio Inc.
These Terms of Service ("Terms of Service of Use" or this "Agreement") outline the rules and regulations for the use of our website at https://www.doctronic.ai (the "Website"), our software applications (the "Apps") and any and all related networks, websites, downloadable software, mobile applications, tablet applications, video and audio conferencing services, video and audio communications services, and other services, information, materials, devices and products we provide to you (collectively, our "Service"). Our Service also covers the processed data, content, or surveys we make available on or through the Apps, Communications, or Website.
By using our Website, Apps, Content, or Service, you hereby consent and agree to these Terms of Service.
Communicating With Your Physician
Users may only use Doctronic Services in order to help them communicate with their physician. Users may not use Doctronic Services if they do not have a primary care physician. Users agree to represent and warrant that all information they provide to Doctronic is true and accurate. Always discuss Doctronic provided information with your doctor.
Doctronic is frequently incorrect. Doctonic makes no guarantees on being accurate or correct in anything that it says. Users understand that everything they discuss with Doctronic must be discussed with their real doctor as Doctronic is often wrong.
Not Medical Care
Doctronic does not provide medical advice. Doctronic is not a doctor. Doctronic does not practice medicine, and does not provide patient care. Doctronic is a service to help you communicate with your doctor. No licensed medical professional/patient relationship is created by using the Service or any content contained therein, whether such content is provided by or through the use of the Service, or through any other communications. The Services, Content, and Apps provided by Doctronic are not intended to constitute medical advice, medical instruction, medical diagnosis, medical treatment, or medical care. It does not replace any Medical Care provided by a physician or other health care provider. We do not control or interfere with the practice of medicine by Providers, each of whom is responsible for the professional medical services she or he provides. You should always seek the advice of your physician or other qualified health provider regarding any data, information or results provided by the Services provided by Doctronic. Please consult an appropriate health care provider for any questions you may have regarding a health or medical condition, including health related concerns arising from data, information or results provided on, through or by the Services. If your physician has not given you express permission to use the Service provided by Doctronic, you may not make use of the Doctronic Service or its content.
Products and Services
Doctronic may refer to certain goods or services ("Products"). This includes displaying listings, descriptions, and images of, and references and links to Products. Such information does not imply our endorsement of any Product or affiliation with the provider of such "Content". You acknowledge that while some Content (as defined below) may be provided by individuals in the medical field, the provision of such Content does not create a medical professional/patient relationship, and does not constitute a medical opinion, medical advice, or diagnosis or treatment, but is provided for informational purposes only. "Content" means text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, content, and other materials provided, made available or otherwise found on the Website or in the Service. The Content is not intended to substitute for or replace any other diagnostic or therapeutic services. If you rely on any Content, you do so solely at your own risk. Content may be transferred between Doctronic and individuals in the medical field. The transfer of such Content does not constitute Medical Care and does not create a medical professional/patient relationship but is provided for informational purposes only. We make no representations as to the accuracy or completeness of such references. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the possession, use and sale of any Product.
Data and Information
Accounts and Registration
Subject to your eligibility to use the Service and compliance with these Terms, you may access the Service. Some features of the Service may be available without registration; however, some features of the Service may require you to register for an account. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us. Furthermore, Doctronic reserves the right to take any and all action, as it deems necessary, regarding the security of our Service and your account and password information.
Modification Of These Terms Of Service
Doctronic reserves the right to change the terms of service in this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Services or on the Website located at https://www.doctronic.ai/terms.html. Your use of the Services following any changes to this Agreement will constitute your acceptance of such changes.
Governing Law and Jurisdiction
Any use of the Services is at your own risk. In using the Service of Doctronic you must comply with all applicable laws, rules and regulations. to the maximum extent permitted by law, these Terms of Service will be governed by and interpreted in accordance with the laws of the state of Delaware, and you hereby submit to exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of this Service. Use of this Service is unauthorized in any jurisdiction that does not give effect to all of the provisions of these terms of service, including, but without limitation, this paragraph.
Ownership and Proprietary Rights
The Service is owned and operated by Doctronic. The names, graphics, visual interfaces, logos, marks, content, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by Doctronic are protected by intellectual property and other laws. All materials contained in the Service and all trademarks, service marks, copyrights and any and all other intellectual property rights and proprietary material related thereto are, and will remain, the exclusive property of Doctronic or our third-party licensors. Except as expressly authorized by Doctronic, you may not make use of the Doctronic Service or its content. If you provide to us any unsolicited ideas, proposals, suggestions, recommendations, or other materials ("Feedback"), whether related to the Services or otherwise, Doctronic and our affiliates will have sole discretion to use and disclose the Feedback. Use of this Feedback does not place Doctronic under any fiduciary or other obligation including the payment of royalties for such feedback.
Rules Of Conduct
Any use of Services cannot be used for any purpose other than the Services' intended purpose; including to (1) interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available, including by hacking or defacing any portion of the Services; (2) collect information about users of the Services; (3) interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available; (4) restrict or inhibit any other person from using the Services; (5) exploit the Services provided by Doctronic including the act of reproducing, adapting or creating derivative works in order to sell, rent, lease, loan, distribute or otherwise benefit from the Services except as expressly authorized herein, without express prior written consent by Doctronic. This includes a prohibition of taping, recording, photographing in any format (e.g., video, audio, etc.). Any attempt to decompile, reverse engineer or disassemble any portion of the Services, remove any trademark, copyright or proprietary rights notice from the Services; frame or mirror any portion of the Services, or otherwise incorporate any portion of the Services into any product or service, without express prior written consent from Doctronic will be a violation of these Terms of Service. Doctronic does not permit the systematically download and storage of Service content through either manual or automated retrieval indexing, "scraping," "data mining" or other mechanisms intended to gather Services content including the use of any spider, search/retrieval application or robot without Doctronic's express prior written consent. Service users and third-parties are prohibited to post, transmit or otherwise make available through or in connection with the Services any file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment. Service users and third-parties are prohibited to post, transmit or otherwise make available through or in connection with the Services any materials that are or may be: (a) defamatory, libelous, or otherwise tortious; (b) harassing , intimidating, degrading or hateful; (c) false or fraudulent information intended to falsify, manipulate, misrepresent or interfere with the Services or the use of the Services; (d) obscene, indecent, pornographic or otherwise objectionable.
Consent to Electronic Communications
Consent to Non-Secure Communications
Third-Party Materials and Links
Certain Services functionality may make available access to data, information, and materials made available by third-parties ("Third-Party Materials"). Third-party services are not under our control, and we are not responsible for any third-party service's use of information you provide or information you export or disclose. Your use of third-party materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such third-party materials (such as terms of service or privacy policies of the providers of such third-party materials). By requesting an import of Third-Party Materials, you agree that we may import that information from the applicable third-party service. Doctronic may also provide tools through the Service that enable you to export information, including User Content, to third-party services. By requesting an export of information, including User Content, to third-party services, you agree that we may export that information to the applicable third-party service. The Service may also contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content. Doctronic is not responsible or liable for the availability, reliability, content, functions, accuracy, legality, appropriateness, services, materials or any other aspect of such Third-Party Materials or third-party websites that link to or from the Service or are otherwise referenced in the Service. Doctronic also does not accept any responsibility for technical failures or for unauthorized access of user transmissions by any third-parties. If you choose to use Third-Party Materials and third-party websites together with the Service, such use is entirely at your discretion and risk.
Disclaimer: No Warranties
The Services and any Doctronic materials are made available to you "as is" and on an "as available" basis, without warranty or condition of any kind, either express or implied. to the extent allowed by law, Doctronic disclaims all warranties of any kind, whether express or implied, relating to the service and all Doctronic materials and content available through the service, including: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (b) any warranty arising out of course of dealing, usage, or trade. The Doctronic entities do not warrant that the Service or any portion of the Service, or any Doctronic materials or content offered through the Service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and do not warrant that any of those issues will be corrected. We do not guarantee that the Services are or will remain updated, complete, correct, or secure, or that access to the Services will be uninterrupted. The Services may include inaccuracies, errors and materials that violate or conflict with this agreement. You assume all risk for any damage that may result from your access to, use or misuse of, or inability to use the Service, your dealing with any other Service user, and any Doctronic materials or content available through the Service. You understand and agree that you use the Service, and access, download, or otherwise obtain Doctronic materials or content through the Service and any associated sites or services, at your own discretion and risk, and that you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with the service), or the loss of data that results from the use of the Service or the download or use of that material or content. Some jurisdictions may prohibit a disclaimer of warranties and you may have other rights that vary from jurisdiction to jurisdiction. to the extent that we may not disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted by law.
Limitations On Liability
Neither Doctronic (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Doctronic Platform or any Data will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data, loss of health, loss of life, or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Doctronic Platform or any Data, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Doctronic Platform, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Doctronic has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose. In no event will Doctronic's aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any users, or your use of or inability to use the Doctronic Platform, any Data, exceed one U.S. dollar (US$1). These limitations of liability and damages are fundamental elements of the agreement between you and Doctronic. If your applicable law does not allow the limitations of liability set out in these Terms, you are forbidden from using the Doctronic Platform. to the maximum extent permitted by applicable law, in no event shall Doctronic and/or its associates be liable for any direct, indirect, incidental, special, consequential, punitive, or any damages whatsoever including, but without limitation, damages for loss of use, data or profits arising out of or in any way connected with the use or performance of the Service, with the delay or inability to use the Service or related material, the provision of or failure to provide services, or for any information, products, software, services, or related graphics obtained through the website, or otherwise arising out of the use of the website, whether based in contract, tort, strict liability, negligence, or otherwise, even if Doctronic or any of its suppliers have been advised of the possibility of damages. As some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. If you are not satisfied with any portion of these terms of service, your sole and exclusive remedy is to discontinue use of the Service. You agree that the aggregate liability of Doctronic to you, for all claims arising out of, or relating to, the use of or any inability to use, any portion of the service or otherwise under these terms, whether in contract, tort, or otherwise, is limited to the greater of: (a) the amount you have paid to Doctronic for access to and use of the Service in the 3 (3) months prior to the claim; or (b) one U.S. dollar (USD $1.00).
You agree to release, defend (at Doctronic's option), indemnify, and hold Doctronic (including other affiliates and personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in connection with: (i) your breach of these Terms or our Additional Legal Terms, Policies or Standards, (ii) your proper or improper use of the Doctronic Platform, (iii) your interaction with any advice given, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, or (iv) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. You agree that you will be responsible for your use of the Service, you agree that you will not provide Doctronic with false information about your medical clearance to perform physical exercise and your permission from your physician to safely engage in exercise of any sort, and you agree to defend and indemnify Doctronic and its officers, directors, employees and agents from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third-party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
Termination and Modification Of The Service
This Agreement is effective until terminated in writing by either party. If you violate any provision of these Terms, your permission from us to use the Service will terminate automatically. In addition, Doctronic may terminate or suspend your use of the Services at any time and without prior notice, including if Doctronic believes that you have violated or acted inconsistently with this Agreement. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service.
United States Dispute Resolution and Arbitration Agreement
This Arbitration Agreement applies if your country of residence or establishment is the United States. Doctronic is committed to participating in a consumer-friendly dispute resolution process. These Terms provide for a two-part process for individuals to whom this section applies: (1) an informal negotiation directly with Doctronic's customer service team, and if necessary (2) a binding arbitration administered by the American Arbitration Association ("AAA"). You and Doctronic each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration. At least 30 days prior to initiating an arbitration, you and Doctronic each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Doctronic. Doctronic will send its notice of dispute to the email address associated with your Doctronic account. A notice of dispute must include: the party's name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org). You and Doctronic mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Doctronic Services, or any Data (collectively, "Disputes") will be settled by binding individual arbitration (the "Arbitration Agreement"). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Doctronic agree that the arbitrator will decide that issue. You and Doctronic each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief; or (iv) any individual claim arising from your use of the Doctronic Services. You and Doctronic agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by the arbitrator in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the "AAA Rules") then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules. Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Doctronic agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S. county where you reside; (b) in County; (c) via phone or video conference. If the amount in controversy is $5,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator. Modification of AAA Rules - Attorney's Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules. Either party may make a request that the arbitrator award attorneys' fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules. Arbitrator's Decision. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant's individual claim. Jury Trial Waiver. You and Doctronic acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
No Class Actions Or Representative Proceedings
You and Doctronic acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party's claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
You may not transfer, license, or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent from Doctronic. This Agreement does not create any partnership or joint relationship between you and Doctronic.
Questions Or Complaints
If you have any questions or complaints regarding the following Terms of Service, please contact us.