Last updated: September 29th, 2020
Thank you for using the iTranslate Medical services and application (“iTranslate Medical”). iTranslate Medical is a service of iTranslate GmbH, based in Gadollaplatz 1, Graz.
Important
These iTranslate Medical Terms of Service (the "Terms"), together with our iTranslate Medical Privacy Policy and iTranslate GmbH Cookie Policy (collectively, the “Terms”), govern your use of iTranslate Medical, so please read them carefully before using the iTranslate Medical application. By using iTranslate Medical, you agree to be bound by these Terms. If you don't agree to these Terms, do not use iTranslate Medical.
If you are downloading iTranslate Medical on behalf of a legal entity, then you hereby represent that you have the authority to bind that organization to these Terms. Further, if you are downloading iTranslate Medical on behalf of a “covered entity” or “business associate”, as these terms are defined in the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations (collectively, “HIPAA”), we hereby disclaim any obligation as a HIPAA business associate unless you or the organization on whose behalf you download iTranslate Medical enters into a (A) master services agreement and (B) iTranslate Medical Business Associate Addendum with us. Please contact medical@itranslate.com with subject line “iTranslate Medical Business Associate Addendum” for more information.
We may revise the Terms from time to time. Changes may be posted to our website and in updates to the iTranslate Medical mobile application. Please check for changes regularly. By continuing to use iTranslate Medical after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using iTranslate Medical.
For auto renewing subscriptions completed in our iOS versions of iTranslate Medical, the following terms apply:
If you choose to provide app store reviews or reviews via any social medial channel, or other similar communication or messaging features or services (“User Review”), such information may be made publicly available, including commercially or for any other purpose whatsoever without compensation to you, including the public-facing username as it appears with the review. You hereby grant iTranslate and its affiliates a worldwide, perpetual, irrevocable, non- exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your User Review. In addition, you waive any so-called "moral rights" or "performance rights" in your User Review. If you prefer that we do not use your User Review, you will be able to elect for us not to do so by submitting your request here (please include your name, mailing address, and email address). For security purposes, please do not include any password, social security number, payment card or other sensitive information via these features. We have the right, but not the obligation to monitor messages and communications between and among users for security and training purposes. We may, but are not obligated to, remove any content we deem inappropriate.
iTranslate and its licensors exclusively own iTranslate Medical, including all associated intellectual property rights. You acknowledge that iTranslate Medical is protected by copyright, trademark, and other laws of Austria, the United States and other foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights or notices incorporated in or accompanying iTranslate Medical.
iTranslate grants you a limited, non-exclusive, non-transferable license to view, copy, and display iTranslate Medical solely in connection with your permitted use thereof.
You agree not to do-or attempt to do-any of the following:
Although we're not obligated to monitor access to or use of iTranslate Medical or your content, or to review or edit any of your content or the intellectual property of other iTranslate Medical users, we have the right to do so for the purpose of operating iTranslate Medical or any of our other products and services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any of your content, at any time and without notice, including, but not limited to when we, at our sole discretion, consider any of your content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that negatively affects iTranslate Medical or any of our other products or services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
We respect copyright law and expect you to do the same. It's our policy to terminate those accounts that repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you believe that an iTranslate product infringes your copyright, please contact iTranslate’s copyright agent at dmca@iacapps.com
We may suspend iTranslate Medical or terminate your access to and use of iTranslate Medical, at our sole discretion, at any time and without notice to you. For example, we may suspend or terminate your use if you are not complying with these Terms, or use iTranslate Medical in any way that would cause us legal liability or disrupt others' use of iTranslate Medical. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately. You may cancel your account at any time by sending an email to medical@itranslate.com.
Your activity on iTranslate Medical is not monitored by us. If you have an urgent or specific health care need, please call the emergency services or your regular health care provider, or go to an emergency department near you.
Neither we nor any of our licensors or service providers makes any warranty as to the reliability, accuracy, timeliness, usefulness or completeness of any material, content or information appearing in iTranslate Medical. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be included in user-generated content or elsewhere in the service. iTRANSLATE MEDICAL, INCLUDING ALL OF THE MATERIAL, CONTENT AND INFORMATION MADE AVAILABLE THROUGH iTRANSLATE MEDICAL, ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE OR TREATMENT. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health. You should never disregard medical advice or delay seeking it because of something you read when accessing iTranslate Medical. iTranslate Medical not a substitute for professional medical advice.
OTHER THAN EXPRESSLY STATED HEREIN OR REQUIRED BY LAW, ALL PRODUCTS AND SERVICES OFFERED THROUGH iTRANSLATE MEDICAL ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM, AND YOU ACKNOWLEDGE, THAT TRANSLATIONS PROCESSED THROUGH iTRANSLATE MEDICAL ARE NOT GUARANTEED TO BE EXACT, COMPLETE, ACCURATE OR FREE FROM INAPPROPRIATE LANGUAGE. OUR TRANSLATIONS ARE PROVIDED FOR INFORMATION PURPOSES ONLY, AND SHOULD NOT BE RELIED UPON FOR DECISIONS THAT COULD RESULT IN HARM TO YOURSELF OR THIRD PARTIES. YOU ARE SOLELY RESPONSIBLE FOR RELYING UPON THE INFORMATION YOU RECEIVE FROM OUR PRODUCTS OR SERVICES.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Be advised, an intended use of iTranslate Medical is to facilitate communications between parties that do not share a common language. Necessarily, this means that you will be using iTranslate Medical to collect personal data from third parties that have not accepted these Terms. For this reason, you acknowledge and accept full responsibility for collecting, using and disclosing such personal data in accordance with all applicable laws, and agree to indemnify and hold harmless iTranslate and its corporate affiliates, officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your violations of these Terms, including violations to the personal or privacy rights of third parties as a result of your use of iTranslate Medical; (ii) your misappropriation or infringement of iTranslate Medical or our licensors' intellectual property; and (iii) your content.
NEITHER ITRANSLATE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING ITRANSLATE MEDICAL, INCLUDING OUR LICENSORS, WILL BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, INCLUDING LOST PROFITS OR REVENUES, DIMINUTION IN VALUE ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, LOSS OF DATA, PRIVACY OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE ITRANSLATE‘S OR OUR LICENSORS' INTELLECTUAL PROPERTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ITRANSLATE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL ITRANSLATE'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE ITRANSLATE MEDICAL OR TO ACCESS YOUR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO ITRANSLATE FOR USE OF ITRANSLATE MEDICAL OR TWENTY DOLLARS ($20), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO ITRANSLATE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ITRANSLATE AND YOU.
The limitation of liability set forth above shall only apply to the extent permitted by applicable law.
These Terms and any action related thereto will be governed by the laws of the Austria without regard to its conflict of laws provisions. The place of fulfilment is Graz, Austria. You also have the possibility to enforce Your rights before the competent courts of general jurisdiction. Alternatively, You may use Online Dispute Resolution (“ODR”). ODR offers an out-of-court solution to disputes connected to online transactions: http://ec.europa.eu/consumers/odr/
These Terms constitute the entire and exclusive understanding and agreement between iTranslate and you regarding iTranslate Medical, and these Terms supersede and replace any and all prior oral or written understandings or agreements between iTranslate and you regarding iTranslate Medical.
You may not assign or transfer these Terms, by operation of law or otherwise, without iTranslate's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. iTranslate may freely assign or transfer these Terms without notice or restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by iTranslate under these Terms, including those regarding modifications to these Terms, will be given: (i) by iTranslate via email (if available to us); or (ii) by posting to our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
iTranslate's failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of iTranslate. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms, please contact us at:
