Effective Date:  November, 2022

What is this document?

This is an agreement between you and Altibbi, Ltd (“Altibbi”). There are rules you agree to follow when using our mobile applications, the platform and website(s) (the “Apps”), including but not limited to when you ask questions, when you view or input content on or into the Apps, interact with medical professionals. Altibbi Privacy Statement is officially part of these terms and conditions  even though it is a separate document. Additional terms govern your use of Altibbi Call Doctor.

Why should I read it?

These Terms and Conditions ("Terms and Conditions") form a legal agreement between Altibbi, Ltd (“Altibbi”) and you, the individual ("you" and "your") concerning your access to and use of the various services offered through the Apps (the “Services”). Use of any of the Services constitutes your acceptance of these Terms and Conditions.

Definitions

To clarify what this document means, certain words with capital letters will be defined. Here are the definitions for this agreement:

“Altibbi” or the “Apps” refers to all websites, mobile applications, and platforms owned and operated by Altibbi.

“Company,” “we,” “us,” or “our” means Altibbi Ltd, a company established under the laws of British Virgin Islands under number 1823894 its address being P.O. Box 3715, and any other companies that are subsidiaries and affiliates of Altibbi Ltd and professional corporations to which Altibbi provides administrative services.

“Content” refers to all forms of text, graphics, images, and any other material entered, processed, contained on or accessed through the Apps, including content created, modified, validated or submitted by Medical Experts.

“Services” means services provided through the Apps.

“Premium services” refers to paid services provided through the Apps (such as Altibbi Call Doctor).

“Medical Expert” means an individual who  participates on the Apps or interacts with others on or through the Apps, or other specialists or professionals who participate on Altibbi in their capacity as experts.

Changes to this agreement

Altibbi may modify these Terms and conditions when Altibbi deems it to be necessary within the scope of the purposes of the services provided. Amended Terms and Conditions will be effective as of the Effective Date unless otherwise stated. You accept the Terms and Conditions by using the Services, and you accept any changes to the Terms and Conditions by continuing to use the Services after we post the changes.

 

Content and services

Altibbi is a free service that offers paid services

It is free to read and surf the various health related content published on Altibbi, and it is free to ask health questions and receive health answers and tips on Altibbi. Altibbi also provides premium, optional services and content that can be accessed for a fee, such as the “Altibbi Call Doctor” service.

Account Enrollment

To access Providers using the Services, you must first establish an individual user account (“Account”) by providing certain information.  You agree that you will not create more than one Account or create an Account for anyone other than yourself (with the exception of subaccounts established for minor children of whom you are a parent or legal guardian).  You agree to provide true, accurate, current, and complete information on the Account enrollment form and to keep this information current and updated as needed.

You represent and warrant that you are at least 16 years of age and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or legal guardian, to agree to these Terms and Conditions.

 

Altibbi is for personal use

Altibbi is a service for individuals to use to support their personal health decisions. You may use Altibbi for personal, but not for commercial, purposes in accordance with all applicable laws. Organizations, companies, and businesses may not become registered members or use our Apps as entities or through individual members. Licensed doctors and other qualified medical experts may apply to participate on Altibbi for educational purposes as medical experts, or to provide virtual consults via Altibbi Call Doctor.

The content is licensed only for the personal, household, and educational use of a single individual. No commercial use or commercial redistribution of any content is permitted.

Any hyperlink or other re-display of the information on another website must display the content full-screen and not within a “frame” on the linked or other site, unless expressly pre-approved and permitted by Altibbi in writing.

By using Altibbi, you agree not to harvest, scrape, or otherwise collect any information about our members or doctors for any reason, including but not limited to for sending unsolicited communications, including spam.

Altibbi must be used responsibly

You agree to use the Apps and the Services responsibly, and in a manner that is not: unlawful, threatening, harassing, abusive, defamatory, slanderous, libelous, harmful to minors, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, invasive of another's privacy, or racially, ethnically, or otherwise offensive, hateful, or abusive. You also agree not to intentionally overuse any of the Services or Premium Service for medically inappropriate purposes.

Altibbi may not be used for illegal purposes

The Content and Services may not be used for any illegal purpose. You may not access our networks, computers, or the Content and Services in any manner that could damage, disable, overburden, impair them, or interfere with any other person's use and enjoyment. You may not attempt to gain unauthorized access to any Content or Services, other accounts, computer systems, or networks connected with Altibbi, the Content, or Services. You may not use any automated means (such as a scraper) to access Altibbi, the Content, or Services for any purpose. Such unauthorized access includes, but is not limited to, using another person's login credentials to access Altibbi. Any attempt by any individual or entity to solicit login information of any other user or Altibbi Medical Expert or to access any such account is an express and direct violation of these Terms of Use and of applicable law, including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.

Altibbi does not make recommendations or endorsements

We do not recommend or endorse any specific content, services, tests, doctors, products, procedures, opinions, or other information that may be mentioned on Altibbi. Altibbi is designed to be used with common sense, and in connection with the advice of your doctor or healthcare provider. Reliance on Altibbi Content or Services is solely at your own risk. Some Content and Services, including posts by medical experts, may be or have been provided by third parties directly and are not reviewed or certified by Altibbi. We cannot guarantee that the Content and Services will help you achieve any specific goals or results.

Altibbi does not guarantee the accuracy of third-party content

Altibbi has no editorial control over or responsibility for content provided by third parties and any opinions, statements, products, services, or other information expressed or made available by third parties (including medical experts) or users on Altibbi are those of such third parties or users. We make no representations about the accuracy or reliability of any opinion, statement or other information provided by any third party, and do not represent or warrant that your use of the content displayed or referenced on Altibbi will not infringe rights of third parties not owned by or affiliated with Altibbi.

We Provide Information without Recommendation or Endorsement.

We do not recommend or endorse any specific Content, Services, tests, doctors, products, procedures, opinions, or other information that may be mentioned on Altibbi. Altibbi is designed to be used with common sense, and in connection with the advice of your doctor or healthcare provider. Reliance on Altibbi Content or Services is solely at your own risk. Some Services and Content (including posts by Medical Experts) may not be reviewed or certified by Altibbi. We cannot guarantee that the Content and Services will help you achieve any specific goals or results. Content regarding dietary supplements or other treatments or regimens have not been evaluated by any Governmental Food and Drug Administration and is not intended to diagnose, treat, cure, or prevent any disease.

We Provide Access to Doctors for Care (Virtual Consults).

 

Via Virtual Consults, you can obtain care (if you are located in a Country where such service is available). Additional terms apply to Virtual Consults. Altibbi Virtual Consults may support doctor-patient relationships. Virtual Consults may be used where an ongoing doctor-patient relationship exists, or where a temporary doctor-patient relationship is created by the use of Virtual Consults.

 

Whenever we use the words "your physician" or "your doctor" or "healthcare provider" or similar words on Altibbi, including in these Terms and Conditions, we mean your personal doctor with whom you have an actual, mutually acknowledged, doctor/healthcare provider-patient relationship. If you participate in a Virtual Consult on Altibbi, you understand and agree that the Altibbi Medical Experts are not your primary care physician, and you agree not to use Altibbi Virtual Consults as a substitute for interactions with your primary care physician or health insurance.

(Where available, you may also use Virtual Consults with your existing doctor(s)).

Altibbi Medical Experts

Independence of Altibbi Medical Experts.The inclusion of Altibbi Medical Experts, professionals and specialists on Altibbi or in any professional directory on Altibbi does not imply Altibbi's recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional. SUCH INFORMATION IS PROVIDED ON AN "AS-IS" BASIS AND ALTIBBI DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALTIBBI SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY USER) IN RELIANCE ON INFORMATION ABOUT MEDICAL EXPERTS, PROFESSIONALS AND SPECIALISTS ON ALTIBBI. The use of Altibbi by any entity or individual to verify the credentials of professionals or specialists is prohibited.Neither Altibbi nor any of its licensors or suppliers or any third parties who promote the Services or provide you with a link to the Services shall be liable for any professional Advice you obtain from a Provider via the Service nor for any information obtained from our Services.  You acknowledge your reliance on any Providers or information provided by the Services is solely at your own risk and you assume full responsibility for all risk associated therewith.Altibbi does not make any representations or warranties about the training or skill of any of the Altibbi Medical Experts using the Services. You hereby certify that you are physically located in the Country you have entered as your current location on the Services.  You acknowledge that your ability to access and use the Services is conditioned upon the truthfulness of this certification and that the Providers you access through the Services are relying upon this certification in order to interact with you.  In the event, that your certification is inaccurate, you agree to indemnify Altibbi and the Providers you interact with from any resulting damages, costs, or claims.We are not responsible for anything outside of Altibbi

Content and services, links to other apps, websites or information, software, data, or other content, online or offline (“External content and services”), such External content and services and related information are outside of our control. We do not control, endorse, verify the truth or accuracy of, or review content outside of Altibbi and we are not responsible for such content.

The information, software, data, or other contents (including opinions, claims, comments) contained in linked references are those of the companies or individuals responsible for such External content and services and cannot be attributed to Altibbi. We do not warrant, nor are we in any way responsible for, information, software, data, privacy policies, related or pertaining to External content and services.

 

You are responsible for your use of our mobile features

The platforms available via the Apps (the “Altibbi Platforms”) offer features and services available to you via your mobile phone or other mobile device. These features and services may include the ability to upload content to the Altibbi Platforms, receive messages from the Altibbi Platforms, download applications to your mobile phone or access Altibbi Platforms features (collectively, the “Mobile Features”).

Your carrier may charge standard messaging, data, and other fees. Your carrier may prohibit or restrict certain Mobile Features, and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. As applicable, instructions regarding how to opt-out of Mobile Features will be disclosed in connection with Mobile Features.

You agree to notify Altibbi of any changes to your mobile number and update your account(s) on the Altibbi Platforms to reflect this change.

You agree that we may send you limited personal information by email, SMS, and mobile telephone notification.

When you use action-oriented features on Altibbi and Altibbi Premium Services (including subscribing Altibbi Call Doctor), you agree that Altibbi may send you automatically via e-mail, mobile telephone or other contact information provided by you in your account settings, content including but not limited to, reminders relating to doctor recommended actions for you.

Mandatory removal of content and services

If you violate any of these Terms of Use, your permission to use the content and services automatically terminates and you must immediately destroy any copies you have made of any portion of the content. (For more information, see “Termination.”).

Use of Your Information

We respect the privacy of your personal information

We only use data you share with Altibbi as set forth in the Altibbi Privacy Statement, your account Settings, and applicable law. If you create, transmit, or display health and wellness or other information while using Altibbi, you agree to do so with information that you own or have the right to use.

We cannot control external communications

Email, and short message service (SMS), text message communications and mobile push notifications from the Apps are not encrypted. You can opt out of receiving our email.

Although unlikely, it is possible for these communications to be intercepted or accessed without your authorization, and by using the Apps, you release Altibbi from any liability arising from or related to any such interception or unauthorized access.

 

Independence of Altibbi medical experts (Altibbi Content and Doctor Directory Daleel)

Altibbi Medical Experts and professionals or specialists utilizing or featured on Altibbi are not employees or independent contractor service providers of Altibbi. Opinions, advice, or information expressed by such individuals are those of the individual and the individual alone and they do not reflect the opinions of Altibbi.

Altibbi does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on Altibbi or by a licensee of Altibbi. (Doctors on Altibbi Call Doctor are independent contractors of separate professional corporations).

The inclusion of professionals and specialists on Altibbi or in any professional directory on Altibbi does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein. SUCH INFORMATION IS PROVIDED ON AN “AS-IS” BASIS AND ALTIBBI DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. ALTIBBI SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY USER) IN RELIANCE ON INFORMATION ABOUT PROFESSIONALS AND SPECIALISTS ON ALTIBBI.

The use of Altibbi by any entity or individual to verify the credentials of professionals or specialists is prohibited.

All opinions and statements expressed by Altibbi Medical Experts on or through Altibbi are solely the individual and independent opinions and statements of such individuals and do not reflect the opinions of Altibbi, its affiliates or any other organizations or institutions to which such Altibbi Medical Expert or such specialist or professional is affiliated or provides services.

 

Sina

Altibbi provides you with access to “Sina” an agent powered by artificial intelligence to assist you with navigating the Apps. Sina is designed to interact with you, by providing you with guidance on navigating the Apps finding medical content on the Apps by searching and summarizing information from the Apps and other use cases which we may from time to time Sina does not and cannot provide medical diagnoses, medical advice, or any recommendations regarding your medical conditions. If you seek medical advice or a diagnosis, you are responsible to contact a doctor which is made available to you through the Apps by using the “Altibbi’s Call Doctor” service. Sina shall not be responsible for any medical advice or diagnosis which you may ask for regarding any medical condition.

Personal Information

While interacting with Sina, you may voluntarily provide personal information. Any personal information that you share with Sina will be handled in accordance with Altibbi Privacy Statement, as incorporated into these Terms and Conditions.

Limitations of Liability

Sina is a technological tool which does not create a  doctor-patient relationship. You agree that Altibbi is not responsible for how you choose to interact with Sina, and Altibbi cannot be held liable for any actions you take or decisions you make based on interactions with Sina . Any information provided by Sina is for general informational purposes only and should not be considered medical, legal, financial or professional advice.

Referral to Medical Professionals

In the event that you ask Sina for medical advice, a diagnosis, or any other health-related guidance, Sina may refer you to “Altibbi’s Call Doctor” service or other appropriate healthcare services available on the Apps. You understand and agree that Sina is not a substitute for professional healthcare advice or an interaction with a licensed healthcare provider. Sina's responses are not reviewed by medical professionals and are not guaranteed to be accurate or suitable for medical decision-making. For any medical concerns or conditions, you should seek advice directly from a licensed medical professional through “Altibbi’s Call Doctor” service or your primary healthcare provider.

Third-Party Service Providers

Sina may utilize third-party service providers, for its operation. By using Sina, you agree that Altibbi cannot control or be held liable for the actions of third-party service providers or the information generated by Sina. Altibbi disclaims all responsibility for the manner in which any third-party services process or handle your information during your interaction with Sina. You further acknowledge that third-party service providers involved in the operation of Sina may have their own terms of service and privacy policies, which govern the use of their services.

 

Property Rights

Altibbi owns or has rights to the content and services

When you use the Apps, you do so under a license from us. Your license to use Altibbi is personal, revocable, non-assignable, and nonexclusive. This means that you may not use the Apps for any commercial purpose, that we can take away your right to use the Apps, that you cannot give this license away to someone else, and that other member can use our content and services. All right, title, and interest in and to the Apps and the content, together with all intellectual property rights embodied therein (including without all engagement, rating, and ranking systems and methodologies on the Apps) are the property of Altibbi or our affiliates, excluding your rights under law to any information or content related to virtual consults on Altibbi Call Doctor or other related services. Rights retained by other parties in the content are their respective rights.

You must ask our permission to use our trademarks

We have obtained or applied for various Trademarks and service marks. Altibbi, the Altibbi logo, other Altibbi Trademarks, and service marks and other Altibbi logos and product and service names are our trademarks (the “Altibbi Marks”). If you would like to use or display any Altibbi Marks, you must ask our permission. Without our prior written permission, or according to the media use guidelines we publish, you agree not to display or use in any manner the Altibbi Marks. All trademarks, brands, and content on Altibbi are the property of their respective owners.

You agree not to infringe our copyrights, trademarks, trade Secrets, patents, or other intellectual property rights

Altibbi and other related marks are registered trademarks of Altibbi,Ltd. Any other trademark, brand, or content on Altibbi that is not the property of Altibbi is the property of its respective owner. You agree not to violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property rights. You agree not to engage in any activity that would constitute copyright infringement with respect to the Content. You may not reproduce, create derivative works of, distribute, publicly perform, or publicly display the Content or any portion thereof without our prior written consent. You may, however, use the Apps as they are designed and intended to be used, including using App features which allow you to re-post content or portions of content, including those which permit you to distribute content through other third-party applications and mediums (such as Facebook or Twitter), so long as you do not modify that content or the functionality of those features in any way. This right to re-post content does not create for you or grant to you any additional rights in such content. Additionally, you may not use any meta-tags or any other “hidden text” utilizing the name “Altibbi” without our prior written permission.

You agree not to access, attempt to access, or use our data without our permission

Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the App, Services, or Content; (b) make modifications to the App, Services, or Content; or (c) interfere with or circumvent any feature of the App, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it. You agree not to access, attempt to access, request access not authorized by the Apps or use any of the Content or data without our Permission. This means that you agree not to transmit, download, upload, post, sell, rent, license, transfer, disclose, mirror, frame, reverse engineer, decompile, disassemble, or use any aspect of the Apps or any Content, in whole or in part, in any form or by any means.

Submissions

• You agree to abide by our submission guidelines
• You agree that you will not upload or transmit any communications or Content of any type that infringes or violates any rights of any party.
• The personal information you submit to Altibbi is governed by the Altibbi Privacy Statement, the terms of which shall govern in the event of any inconsistency with this Agreement.
• You agree that member or expert submissions will apply with Altibbi's Submissions Terms and Policies. If you are a member you agree to the Questions and answers policies and any additional policies created to govern the submission process.

You give us rights in what you submit

With the exception of any personal data or information you submit (which shall be maintained in accordance with our Privacy Policy), if you make any submissions (by email or otherwise) on, to or through Altibbi, including but not limited to data, questions, comments, suggestions, business information, ideas, concepts or inventions, you make such submission without any restrictions or expectation of compensation or of confidentiality, and you agree that your submissions may be used without restriction for any purpose whatsoever, and you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-Altibbi the complete right to freely use such submissions in any way, commercial or otherwise, and for any purpose whatsoever, including the right to use, reproduce, modify, adapt, publish, transmit, translate, create derivative works from, publicly perform or display (in any media or form now known or hereafter developed), or otherwise communicate to the public, in the form of a royalty-free, perpetual, irrevocable, worldwide nonexclusive license. Altibbi may sublicense its rights.

Such submissions will be treated as non-confidential and nonproprietary and will become the property of Altibbi, and Altibbi shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Altibbi for any purpose whatsoever, including, without limitation, developing and marketing products using such information. Altibbi does not accept unsolicited recruiter or similar submissions and does not pay fees for any such parties without a current contract on file, and you agree that any submissions of candidates by a recruiter or other third party without a valid and signed recruiting agreement in place with Altibbi prior to such submission will not be subject to any recruiter or similar fees.

Do not submit anything to us if you do not want to give us rights to it. If you wish to keep any business information, ideas, concepts, or inventions private or proprietary, do not submit them on, though, or to Altibbi, by email or otherwise.

Personally identifiable information

In these Terms and Conditions, "personal information" means any information about an identifiable individual, such as your name, email address, mailing address, gender, date of birth, any personal or protected health information, or, any data about you that you elect to provide electronically through the websites or platforms or services related to Altibbi and any other information that identifies who you are. Personal Information will be used by Altibbi solely in accordance with these Terms and Conditions, and Altibbi’s Privacy Policy.

You agree that Altibbi  has the right to monitor and review your use of the App, Websites and Platforms from time to time, and to use "cookies", "log files" and your "browsing data" in accordance with Altibbi’s Privacy Policy.

Our members have a right to the privacy of their identity

Altibbi does not disclose personally identifiable information about our members (please see our Privacy Statement for details), however you understand and agree that if you choose to use Altibbi Premium Services, that some information which are required for the nature of the Altibbi Premium Service will be visible to the doctors with whom you interact.

Termination

• All of our members are required to honor this agreement.

 

All of our members are required to honor this Agreement.

Your permission to use the content and services ends immediately if you violate any of the terms of this Terms and Conditions. We may place limits on, modify, or terminate your right to access and use Altibbi and the services and/or content at any time. This suspension or termination may delete information, files, and other previously available content.

If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Services.

 

Effect of Termination.

Upon termination of these Terms and Conditions: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Altibbi any unpaid amount that was due prior to termination (if any); and (d) all payment obligations accrued prior to termination, this section, and sections regarding Submissions, ownership, indemnities, disclaimer of warranties, limitations on liability, and the Arbitration Agreement will survive.

Indemnification and exclusions, and limitations

Exclusion of warranties

THE APPS AND THE content AND SERVICES ARE PROVIDED “AS IS.” NEITHER WE, ALTIBBI MEDICAL EXPERTS, NOR ANY OF OUR LICENSORS MAKE ANY EXPRESS WARRANTIES, AND WE AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY WARRANTY THAT content OR SERVICES SATISFY GOVERNMENT REGULATIONS INCLUDING THOSE REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS.

Limitation of liability of Altibbi

We cannot and do not assume any responsibility or liability for the use or misuse, by you or any third party, of any content or other information submitted, transmitted, or received via our Apps.

Use at your own risk

The Apps and the content are provided on as “as is” basis. NEITHER WE, ALTIBBI MEDICAL EXPERTS, NOR ANY OF OUR LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE, OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION. WE DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Specifically, and without limiting the foregoing, We, our licensors, and our suppliers, make no representations or warranties about: (i) the accuracy, reliability, completeness, correctness, or timeliness of the content provided on or through the use of Altibbi, whether by Altibbi or any other party; or (ii) the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with Altibbi.

Specific limitation of liability regarding expert content on Altibbi

Content on the Apps created, modified, submitted or validated by Medical Experts or other healthcare experts on Altibbi (collectively, “Expert content”) are subject to the following additional terms and conditions. (When we use the term content elsewhere in this Terms and Conditions, this term includes Expert content.) The authors or third parties posting such content (“Posters”) are solely responsible for their content.

While we hope that you will find the Expert content informative and educational, neither the Poster nor we make any representations or warranties with respect to any information offered or provided within or through the Expert content regarding treatment of medical conditions, actions, or application of medication.

Under no circumstances, as a result of your use of the Expert content or this Site, will the Expert content Poster or such Poster's employer or sponsor be liable to you or to any other person for any damages or harm-including any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, the Poster (and such Poster\'s employer and/or sponsor) shall have absolutely no liability in connection with Altibbi for: (a) any loss or injury caused, in whole or in part, by the Poster\'s actions, omissions, or negligence, in procuring, compiling, or delivering information within or through Expert content; (b) any errors, omissions, or inaccuracies in such information regardless of how caused, or delays or interruptions in delivery of such information; or (c) any decision made or action taken or not taken in reliance upon such information. This means you should not rely on the Expert content or make medical or other important decisions based on it, and it means that the Posters are not responsible for what you do or do not do with the content. For medical advice, treatment, or diagnosis, see your personal doctor or healthcare provider. You agree to indemnify and hold the Poster (and the Poster\'s employer and/or sponsor) harmless from any claim or demand, including attorneys\' fees, made by any third party as a result of (1) any content posted or made available by you through Expert content, (2) any violation of law that occurs by you through your use of Expert content or this Site, and/or (3) anything you do using Expert content, our Apps and/or the information contained therein.

Altibbi, its licensors, its suppliers, or any third parties mentioned on Altibbi are not liable for any personal injury, including death, attributable to or caused by your use or misuse of Altibbi or content (including member supplied content or Medical Expert supplied content). Any claims arising in connection with your use of Altibbi or any content must be brought within one (1) year of the first date of the event giving rise to such action. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions. The limitations of liability in this section do not apply to breaches of intellectual property provisions by you or your indemnification obligations relating hereunder.

Remedies

IF YOU ARE DISSATISFIED WITH ANY OF THE content OR MATERIALS ON OUR SITE, OR ANY SERVICES OR INFORMATION AVAILABLE THROUGH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING OUR SITE. THIS LIMITATION APPLIES EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

Altibbi Arbitration Agreement

Summary.

Altibbi's Terms and Conditions require the use of arbitration to resolve disputes and also limits the remedies available to you in the event of a dispute. Most concerns can be resolved quickly by visiting the customer service help center at [email protected]. In the unlikely event that we are unable to resolve a legitimate legal complaint, we each agree to resolve those disputes through binding arbitration or small claims instead of in courts of general jurisdiction. We request that you work with us in good faith to resolve any disputes for 30 days after notifying us of such issues before filing arbitration. You understand that any award available under arbitration is subject to the limitations in the Altibbi Terms and Conditions. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ALTIBBI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

 

Agreement.

First things first: let's try to sort it out. We want to address your concerns without a formal arbitration or case. Before filing a claim against Altibbi, you agree to make a good faith effort to try to resolve the dispute informally by contacting [email protected] and responding promptly to any related communications. We'll try to resolve the dispute by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Altibbi may bring a formal proceeding.

 

This Arbitration Agreement ("Arbitration Agreement") is a condition of the Terms of Use of Altibbi and the Apps. This Agreement is effective as of the Effective Date.

These Terms and Conditions Agreement shall be governed by and construed under the laws of England and Wales.

Any dispute arising out of the formation, performance, interpretation, nullification, termination or invalidation of this Agreement or arising therefrom or related thereto in any manner whatsoever, shall be settled by arbitration in accordance with the provisions set forth under the DIAC Arbitration Rules (the “Rules”), by one arbitrator in compliance with the Rules. The venue of arbitration shall be Dubai and the language of the proceedings and award of the arbitration shall be English.

PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS

YOU AND ALTIBBI AGREE, AS PART OF THE ARBITRATION AGREEMENT, THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. WE REFER TO THIS AS THE "PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS". UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN YOUR OR OUR CLAIM WITH ANOTHER PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER ALTIBBI USERS.

 

Enforceability.

Except with respect to the Prohibition of Class and Representative Actions, if a court decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement shall continue to apply. If a court decides that the Prohibition of Class and Representative Actions is invalid or unenforceable, then the entire Arbitration Agreement shall be null and void.

CLAIMS ARE TIME-BARRED

You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the Service or otherwise under these must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claims.

Licensed content

Certain content may be licensed from third parties.

The licenses for some of this content may contain additional terms. When such content licenses contain additional terms, we will make these terms available to you on those pages, in the Terms of Use or in the Additional Information section of our Apps (which is incorporated herein by reference).

General legal terms

Trademarks

Altibbi is a registered Trademark of Altibbi Ltd .Any other trademark, brand, or content on Altibbi that is not the property of Altibbi is the property of its respective owner.

General terms

This Agreement, and the other agreements referenced in it (like our Privacy Policy), is the entire agreement between you and us relating to Altibbi. This Agreement replaces any prior agreements unless such prior or subsequent agreement explicitly provides otherwise and specifically references this agreement. If there is any conflict between this agreement and a mutually signed written agreement between you and us related to Altibbi, the signed written agreement will control.

We reserve the right to modify or discontinue our content and services (including but not limited to Altibbi and Altibbi Premium Services) with or without notice to you, and you agree that we are not liable to you or any third party should we modify or discontinue any services, and that your only recourse is to cease using the services. Continued use of services following any such changes will indicate your acknowledgement of such changes and satisfaction with the services as modified.

Other parties may have rights under this agreement. A “third party beneficiary” is another party (for example, a company) who is not directly mentioned in an agreement, but who may have some rights arising out of an agreement. Our licensors may be third party beneficiaries to this Agreement pursuant to our agreements with them. To the extent our licensors are third party beneficiaries to this Agreement, the rights and protections provided to us under this Agreement inure to their benefit.

If we provide you with a translation of the English language version of this agreement, the English language version of this agreement will control if there is any conflict.

If we choose not to enforce any provision of this Agreement, we retain the right to enforce it in the future. This means that the failure to enforce any provision of this Agreement does not constitute a waiver of that provision. If any provision in this Agreement is found to be unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose.

PERSONAL JURISDICTION OF THESE COURTS. Nothing in this agreement limits either party\'s ability to seek equitable relief.

Additional terms

The following terms apply to your use of Altibbi Call Doctor and live virtual consults performed by video or audio or synchronic chat or asynchronous chat (collectively, “Virtual Consults”).

Virtual Consults are provided by doctors (who may or may not also be Medical Experts) who are licensed by their Country’s health regulatory body. The Doctors conducting the Virtual Consult may not be physically located in the Country in which you reside. Depending on the licensing requirements of the Country in which you are located, the Doctor on Altibbi Call Doctor may or may not need to be licensed in your Country.

By using Altibbi Call Doctor, you represent that you understand and agree to all of the following:

Understandings, agreements, and representations

• You are entering into an agreement with Altibbi Ltd, which shall be a provider of professional medical services to you.
• You are entering into a physician - patient relationship with the physician associated with Altibbi Ltd that personally performs the Virtual Consult for you.
• You represent and warrant to Altibbi Ltd, that you have a primary care physician.
• You understand and agree that the physicians associated with Altibbi Ltd, are only providing minor non-emergency medical services with respect to Virtual Consults.
• You understand that you should never delay seeking advice from your primary care physician or other health professionals due to information provided by a Altibbi Call Doctor. You agree to seek emergency help when needed, and continue to consult with your primary care physician as recommended by doctors on Altibbi Call Doctor and by your primary care physician.
• You understand that if your medical condition warrants emergency help, the physicians associated with Altibbi Ltd, will direct you to the nearest local hospital emergency department or emergency room.
• You understand that the services offered by Altibbi Ltd are not health insurance, are not a substitute for health insurance, and you agree not to use such services as health insurance. Altibbi Call Doctor is designed for use independent of health insurance as an out-of-pocket cost service and that associated fees may not qualify for insurance or similar reimbursement.
• In the event that you are not happy with the Virtual Consult, please contact the Altibbi team immediately.
• Altibbi are not doctors and do not practice medicine and do not participate in or interfere with the practice of medicine by doctors on Altibbi, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license.
• You agree to the entry of your medical records into the Altibbi Ltd, computer database and understand that all reasonable measures have been taken to safeguard your medical information, but no computer or phone system is totally secure. Altibbi Ltd, recognizes your privacy and, in accordance with our Privacy Policy Statement.
• You also understand and agree that by using Altibbi and Altibbi Call Doctor that we may automatically send your own personal health information and related reminders to you and you opt into receiving this information by email, mobile notification, or using other contact information provided by you in your account settings.
• You understand and agree that we are not responsible for the data bandwidth, signal strength, or internet or data connectivity of your mobile device or computer.
• You agree to refrain from abusive language or engaging in inappropriate behavior when with physicians during a consult and agree that a physician may terminate a consult at any time should inappropriate behavior or language be used or if in the physician sole judgment the consult is no longer appropriate or productive.
• You agree to refrain from excessive or inappropriate use of Altibbi Call Doctor, including but not limited to multiple consults for the same issue without a valid medical reason, attempts to obtain prescriptions unavailable through Altibbi Call Doctor, or any other behavior deemed by Altibbi or Altibbi doctor to be excessive or inappropriate.
• You agree to refrain from contacting or seeking to contact the physician for telemedicine care outside of the platform. This protects both patients and physicians and to ensure clinical care is delivered in a reliable, continuous, and controlled platform. Altibbi is not responsible for any interactions with physicians not conducted on the Altibbi platform.
• You represent and warrant to us that, to the extent you enter “protected health information” for a third person, you are legally authorized to do so on behalf of such third person, and such third person has validly consented to your inputting of, and your review of, “protected health information” of such third person on Altibbi Call Doctor and via the Altibbi website and mobile apps.
• Altibbi Prime service “Call Doctor” may be used for limited medical care (as appropriate):
• On Altibbi “Call Doctor” service, as available and appropriate for virtual consultations and local laws and regulations, diagnosis and prescriptions are available. Altibbi “Call Doctor” service is not a substitute for a primary care doctor, or in-person health care interactions. You agree not to use Altibbi “Call Doctor” service as a substitute for a primary care doctor or in- person doctor visits. You understand and agree that prescriptions on Altibbi “Call Doctor” service are limited in type and duration and depend on the regulatory environment of the country where the doctor resides.

Prescriptions and lab tests

• You agree that physicians associated with Altibbi “Call Doctor” service, in performing a virtual consult, cannot prescribe medications unless local regulations permit.
• All prescriptions furnished by Altibbi are issued in accordance with applicable laws in your country as well as Altibbi’s policy.
• Unless local regulations allow, you should not expect a prescription or lab test order from any given consult. Patients may receive recommendations only.
• Through Altibbi “Call Doctor” service, when in the doctor sole judgment it is medically appropriate to do so, doctor may recommend medications if she or he think the case requires so. The doctor will use her or his best endeavors, based on the medical history you have provided and the symptoms you describe, to prescribe medicine appropriate for your condition. However, Altibbi “Call Doctor” shall not be responsible for ensuring that you receive the medicine you are prescribed or that the medicine you receive is the same as that prescribed by the doctor. Altibbi “Call Doctor” is also not responsible for any instructions in relation to the medication provided by a pharmacist or anyone else associated with the provision of medication you have been prescribed.
• You acknowledge that you and the dispensing pharmacies are solely responsible for arranging to receive medication and paying for such medication and delivery (where a delivery service is used) on such terms that you agree with the pharmacy that dispenses the medication. You are under no obligation to purchase any prescribed medication.
• You will comply with any instructions given in relation to any prescription provided to you including in particular route, timing and dosages; you will promptly report any side effects of any prescription to a doctor; you will protect anything prescribed to you and not permit any other person access to the prescribed medication; you will not use any prescription after its expiry date.
• You are advised to inform your doctor of any medication changes advised by Altibbi “Call Doctor Service” Doctors.
• You acknowledge that you understand that there are risks and potential side effects as well as benefits in taking any medication and receiving treatment through the service.
• You agree that physicians associated with Altibbi “Call Doctor” service, in performing a virtual consult, may not prescribe for you, the following drugs:
  • Prescriptions for narcotics or Controlled drugs or drugs restricted by the government of other regulatory bodies in your country of residence.
  • Prescriptions for medications for psychiatric illnesses.
  • High risk medications
  • Prescriptions that are restricted by local regulations

Continuity of care & health record access

At the conclusion of your consult, you receive a summary of the call. This is coupled with any files and images can be extracted and printed to be shown to a medical provider for continuity of care purposes. If the consultation requires a referral to a specialist, our doctors refer our patients to Altibbi directory where specialists in their city can be found.

Patient referral

• Altibbi can provide referrals to other healthcare providers and specialists where clinically appropriate and suitable. Altibbi Call Doctors will always make best efforts to ensure the most appropriate referral and recommendation is made.
• Altibbi referrals do not specify a named individual consultant but are made on an 'open referral’ basis specifying the appropriate medical specialty
• Clinicians to whom Referrals are made are independent practitioners not connected to Altibbi. Altibbi takes all reasonable steps to ensure that it refers users only to appropriately qualified and experienced specialists but has no liability for any loss, damage or personal injury caused because of such referral.
• You are responsible for paying the fees of any clinician to whom you are referred by Altibbi Doctor or, if you have valid medical insurance, for obtaining authorization for such treatment from your insurer.
• Altibbi Call Doctors may make Referrals for a range of private diagnostic investigations including pathology (e.g. bloods tests, urine) and imaging (e.g. x-ray, ultrasound scans, MRI). You acknowledge that you are solely responsible for arranging, undertaking and paying for such tests and you agree to comply with any instructions provided in relation to the testing services including (without limitation) in relation to the booking of and payment for tests. The processing time of tests may vary according to the provider used and Altibbi cannot influence this directly, cannot guarantee the availability of the services from test providers, and shall not be liable for any acts or omissions of the test providers.

Quality improvement

• To maintain quality of service and staff, records related to these consults may be reviewed under Altibbi quality assurance program. Records of Altibbi Quality Assurance Committee records subject to confidentiality.
• After each consult, Altibbi may ask you for your feedback to evaluate its Call Doctor service in the cases that include but are not limited to any problems encountered during the use of the service. Your feedback with be used with the objective of enhancing patient satisfaction and improving the quality of the service.
• You understand that records related to these consults may be reviewed under Altibbi quality assurance program. Records of Altibbi Quality Assurance Committee records subject to confidentiality.
• Records of your consultations may be reviewed under Altibbi quality assurance program. If Altibbi Quality Assurance Team finds indication of low quality of service in your virtual consultations, you agree on working with the team recommendation to improve service.
• In some cases, based on the comments received from Altibbi quality assurance team your access to service may be revoked.

Your rights

Consequently, you understand that you have all the following rights with respect to Virtual Consults:

Free Choice. I have the right to withhold or withdraw my consent to Virtual Consults at any time without affecting my right to future care or treatment.

Access to Information. I have the right to inspect all medical information transmitted during a Virtual Consult, including, without limitation, the name of the licensed physician associated with Altibbi Ltd, treating me.

Confidentiality. I understand that the laws that protect the confidentiality of medical information apply to Virtual Consults, and that no information or images from such interaction which identify me will be disclosed to other entities without my consent.

Risks. I understand that there are risks from Virtual Consults, including the following: 1) Loss of records from failure of electronic equipment, 2) power or other technical failures with loss of communication, and 3) invasion of electronic records by outsiders (hackers). Finally, I understand that it is impossible to list every possible risk, that my condition may not be cured or improved, and in rare cases, may get worse.

Benefits. I understand that I can expect the following benefits from Virtual Consults, but that no results can be guaranteed or assured: (i) reduced visit time, (ii) rapid innovation of treatments, and (iii) focused information.

Follow-up. In the event that the diagnosis and treatment by the physician associated with Altibbi Ltd, does not resolve the medical issue for which you sought a Virtual Consult, you agree to consult with your primary care physician in person for follow-up treatment; and/or seek treatment, if necessary at a local hospital emergency department.

Quality Assurance. I understand that records related to these consults may be reviewed under Altibbi quality assurance program. Records of Altibbi Quality Assurance Committee records subject to confidentiality.

Your obligations

Privacy Statement. You agree to Altibbi's Privacy Statement, the terms of which are incorporated herein by reference.

True and Accurate Information. You agree that that all information you provide on Altibbi Call Doctor relates to you and is current, complete, and accurate. Additionally, you agree to update and maintain such information on Altibbi Call Doctor to ensure that it is true, accurate, current and complete at all times.

Payment. You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You authorize Altibbi to immediately invoice your credit card or other payment account provided for all fees and charges due and payable and agree that no additional notice or consent is required. Altibbi reserves the right, without notice, to modify, change, terminate, or suspend service for a subscription plan you are on if, for any reason, payment for such plan is not made or cannot be processed on the due date.

Emergency Help. You will agree to seek emergency help when needed or as recommended by doctors on Altibbi Call Doctor and you agree continue to consult with your primary care doctor as recommended by your primary care doctor or the doctors on Altibbi Call Doctor.

Altibbi premium telehealth services

Altibbi and Altibbi Premium Services (such as Altibbi Call Doctor service) connect you with health care practitioners, trusted health information (medical definitions, answers, news, articles and tips, and even virtual consultations) all designed to help you feel good and live a happier, healthier life.

Access to the Altibbi services

Altibbi grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable access to use the Services in accordance with these Terms and Conditions. In order to use the service, you will be asked to register an account and create login information, including without limitation, a valid phone number, username, and password. You must safeguard your login information that you use to access the services and you must not disclose this information to anyone. You must immediately notify Altibbi of any unauthorized use of your user account or of any other breach of security that you become aware of involving and relating to the service by email to [email protected].

Your representations and warranties

By registering on Altibbi premium services, you represent and warrant the following: (i) that you are at least 16 years of age and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or legal guardian, to agree to these Terms of and Conditions, (ii) the information you have provided to Altibbi in your registration is accurate and complete, (iv) you will comply with any and all laws applicable to your use of the Websites and Platforms, (v) you will not interfere with a third party's use and enjoyment of the Websites and Platforms, (vi) you will not interfere with or disrupt Altibbi’s or its vendors' security measures, (vii) if any information you provide to Altibbi becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify Altibbi, (viii) you acknowledge that any fees paid by you or by any other persons on your behalf are not provided in exchange for any undertaking by Altibbi or its representatives that such healthcare services will be made available to you, and (ix) you are accessing the Websites and Platforms for yourself or a child under the age of eighteen for whom you are the legal guardian.

Termination

If you violate these Terms and Conditions, your ability to use the service, websites and/or platforms will be terminated.  Altibbi may, in its sole discretion, terminate your access to the Websites and/or Platforms, or any portion thereof without prior notice. These actions are in addition to any other right or remedy Altibbi may have available at law. Further, Altibbi shall not be liable to you or any third party for any such termination or discontinuance. You may terminate these Terms and Conditions by ceasing to access and use the Websites and Platforms. Upon any termination of these Terms and Conditions you must immediately cease use of the Websites and Platforms. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination and your warranties and indemnities shall survive any termination of these Terms and Conditions.

Prohibited Conduct

You may not access or use, or attempt to access or use, Altibbi to take any action that could harm us or any third party, interfere with the operation of any of its services, websites, or platforms, or use any of them in a manner that violates any laws.  For example, and without limitation, you may not:

• transmit any message or information under a false name or otherwise misrepresent your affiliation or the origin of materials you transmit;
• provide information on the enrollment form that is untrue, inaccurate, not current, or incomplete;
• transmit any message or information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, or hateful;
• transmit any message or information that infringes or violates the intellectual property, privacy, or publicity rights of others;
• reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate content received through the Services to anyone without prior express permission;
• engage in unauthorized spidering, “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
• take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
• use any device, software, or routine to interfere or attempt to interfere with the proper working of the services, websites, or platforms or any activity conducted or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
• attempt to modify, translate, decipher, decompile, disassemble, reverse-engineer, or create derivative works of any of the software comprising or in any way making up a part of the Services; or
• engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
• Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms.  We may suspend or terminate your access to the Services for any or no reason at any time without notice.

Important Information about Your Use of the Services

Do not use the services for emergency medical needs. if you experience a medical emergency, call your local emergency number  immediately.

Altibbi telehealth services may be used for limited medical care (as appropriate). On Altibbi, as available and appropriate for virtual consults, diagnosis and prescriptions are available. Altibbi is not a substitute for health insurance, a primary care doctor, or in-person health care interactions.

You agree not to use Altibbi as a substitute for health insurance or a primary care doctor or in- person doctor visits. You agree not to use Altibbi to request prescriptions for any medications or duration not permitted via Altibbi.

 

Altibbi does not provide any physicians’ or other healthcare providers’ (collectively, “Providers”) services itself.  All of the Providers are independent of Altibbi and merely using the Services to communicate with you.  Any information or advice received from a Provider comes from the Provider, and not from Altibbi.  Your interactions with the Providers via the Services are not intended to take the place of your relationship(s) with your regular health care practitioner(s).

Opinions, advice, or information expressed by such individuals are those of the individual and the individual alone and they do not reflect the opinions of Altibbi.

 

Neither Altibbi  nor any of its licensors or suppliers or any third parties who promote the Services or provide you with a link to the Services shall be liable for any professional Advice you obtain from a Provider via the Service nor for any information obtained from our Services.  You acknowledge your reliance on any Providers or information provided by the Services is solely at your own risk and you assume full responsibility for all risk associated therewith.

Children's privacy

We are committed to protecting the privacy of children. Altibbi is not intended or designed for children under the age of 16. Registered adult users of Altibbi may use Altibbi for the benefit of children. Minors under the age of 16 are prohibited to register as a User of this website and are not allowed to transact or use the website. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these Terms and Conditions.

Your account and your use of Altibbi

You are responsible for your account

• Keep your password and real name private.
• Accurate and complete registration information is required to use Altibbi.
• You are responsible for the security of your passwords and for any use of your account.
• Please notify us immediately of any unauthorized use of your password or account.
• Allowing any other person or entity to use your identity for posting on or using Altibbi is not permitted.
• Do not include your real name or any other information that could be used to identify you in anything you post that is publicly visible on Altibbi (such as in questions or other public submissions).
• Your use must be legal, and you must be an adult to use Altibbi.

Your account is secured

• Your personal information will be stored in a secure manner. Altibbi has implemented various encryption and security technologies and procedures to protect your personal information stored in our computer systems from unauthorized access.
• We also maintain standard physical and electronic procedural safeguards that limit access to your personal information to our employees (or people working on our behalf and under confidentiality agreements) who, through the course of standard business activities, need to access your personal information.
• You are fully and solely responsible for any and all use of the Apps using your log in credentials.
• We reserve the right to revoke or deactivate your username and password at any time.
• You understand and agree Virtual Consults involve the communication of your medical information, both orally and visually, to physicians and other health care practitioners located in other parts of the country/jurisdiction or outside of the country/jurisdiction in which you are located at the time of a Virtual Consult and afterward.
• Your use of Altibbi and any content and services must comply with all applicable laws, regulations, and ordinances.

We will send you notices and information

When you register, you agree that Altibbi may communicate with you, including by sending information, correspondence, and notices to you. These communications may be sent via email, SMS (text message), push notification, or otherwise using contact information associated with your account, including information provided when you register or update information in your Account Settings. We have a No-Spam policy, and you can opt out of communications and control your communications preferences. We do not sell or distribute the email addresses of our users. For more about how we share your personal information with you, see the terms related to our content and services (below) and our Privacy Statement.

Subscription terms

Subscription Term: The subscription term shall begin on the effective date of your subscription and expire at the end of the period determined by your subscription plan.

Renewal: The service is an ongoing subscription service, so your membership is continuous, and your membership is renewed automatically at the end of each subscription period.

Cancelling your subscription: you may cancel your subscription at any time online through Altibbi application or Altibbi website. Canceling a subscription does not automatically cancel your membership.

Payment authorization

You agree that you will pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You authorize Altibbi to immediately charge your credit card or other payment account provided for all fees and charges due and payable and agree that no additional notice or consent is required.

Altibbi's fees are exclusive of taxes in any jurisdiction. You will be responsible for payment of any taxes and any related penalties or interest and will indemnify Altibbi for any liability or expense incurred in connection with such  taxes (including any sales tax, usage tax and any other tax measured by sales proceeds that Altibbi is permitted to pass to you) and Altibbi may automatically charge and withhold such taxes for services to be delivered within any jurisdictions that it deems is required. Unless otherwise agreed to by Altibbi in writing, all fees paid are non-refundable.

Your credit card information and other financial data needed to process your payment are collected and stored by third party payment processors, and we may collect some limited information. The use of your data by any such third party payment processors is subject to their privacy policies. These third parties generally provide us with some limited information (such as a unique token that enables you to make additional purchases using the information they’ve stored, and your card’s type, expiration date, and last four digits). Altibbi reserves the right, without notice, to modify, change, terminate, or suspend service for a subscription plan you are on if, for any reason, payment for such plan is not made or cannot be processed on the due date. This right to modify a subscription plan includes, but is not limited to, the right to change a subscription plan type (for example, from a fixed fee plan without consult co-pays to a lower priced fixed-fee plan with consult co-pays). You may adjust your subscription settings at any time (where applicable, by paying any amounts due).

YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING ALTIBBI WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.

 

Subscriptions in KSA:

Altibbi Resources Communication Company, is our licensed entity in the Kingdom of Saudi Arabia where the Services are provided to Users residing there.

If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.

The cardholder must retain a copy of transaction records and Merchant policies and rules.

Altibbi will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the laws of KSA.

Any disputes relating to the use of the Website in the Kingdom of Saudi Arabia shall be governed in accordance with the laws and regulations applicable in the Kingdom of Saudi Arabia. Any dispute arising out of the formation, performance, interpretation, nullification, termination or invalidation of this Agreement or arising therefrom or related thereto in any manner whatsoever, shall be settled by arbitration in accordance with the provisions set forth under the DIAC Arbitration Rules (the “Rules”), by one arbitrator in compliance with the Rules. The venue of arbitration shall be Dubai and the language of the proceedings and award of the arbitration shall be English.

Subscriptions other than in KSA:

Any dispute or claim arising out of or in connection with the use of the website other than in the Kingdom of Saudi Arabia,shall be governed and construed in accordance with the laws of UAE.

United Arab of Emirates is our country of domicile.

If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.

The cardholder must retain a copy of transaction records and Merchant policies and rules.

Altibbi will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE.

Refund policy

Refunds will be done only through the Original Mode of Payment.

All payment obligations are non-cancelable and all amounts paid are non-refundable.

Subscription fees will be billed at the beginning of your subscription and any renewal periods. As a general matter, all fees and charges are non-refundable.

 

 

FibriCheck Terms of Use

 

2022-05-09

 

The present terms of use (the “Terms of Use”) are supplied electronically for the use of the FibriCheck Services (as defined hereafter)

By using the FibriCheck Services, you accept our Terms of Use. So please make sure you carefully read the Terms of Use before using the application

 

1. Summary

 

You find Terms of Use long, difficult and full of legalese? We do too. However, we find it important to inform you about the way you can make use of the FibriCheck Services. That’s why we made this 2-minute-read summary for you. This summary will provide you with the necessary information and all you need to know in no-time

 

1.1 First things first, who are we?

 

• The FibriCheck Services are managed by Qompium NV, a company incorporated under Belgian law, having its registered address at Kempische Steenweg 303/27, 3500 Hasselt, Belgium (“Qompium”)
• Qompium NV has developed a software solution to determine heart rhythm conditions, with a primary focus on the timely detection of atrial fibrillation (“FibriCheck Services” or “FibriCheck”)
• FibriCheck  is considered as a medical device by international definition but is not required to be imported/supplied to the UAE via a MOHAP licensed medical store. FibriCheck is certified as a medical device in Europe (CE-Class IIa), USA (FDA-cleared) and Australia (TGA-cleared). A diagnosis though is always made by a physician and FibriCheck can never replace any medical advice, diagnosis or treatment. If you think you may have a medical emergency, please contact your physician or emergency services immediately

 

1.2 When and how can you use the FibriCheck Services?

 

• To use FibriCheck, you must accept our Terms of Use. They set out the rules for using our FibriCheck Services
• To subscribe to FibriCheck, you must provide us with some personal information and be at least 18 years old
• You may only use our service as it’s intended and you are together with us, responsible for the confidentiality of your use
• If you violate our Terms of Use, you risk no longer being able to use FibriCheck

 

1.3 Also important to know

 

• Qompium will always remain the owner of the services (including the FibriCheck Services) and of all related intellectual property rights
• The liability of Qompium with regard to its services (including the FibriCheck Services) is excluded and limited to the maximum extent permitted by law and we do not provide any warranties
• Our Terms of Use may be updated from time to time
• For more information regarding your use of FibriCheck, we invite you to read our complete Terms of Use, where everything is explained in detail

 

2. Introduction

 

Welcome to FibriCheck, an innovative application to detect cardiac arrhythmias, provided by Qompium (also “FibriCheck” or “We” or “Us”)

The use of the FibriCheck Services is subject to your agreement with all our Terms of Use. The FibriCheck Services are managed by Qompium

 

3. FibriCheck Services

 

FibriCheck is an application that determines heart rhythm conditions, with a primary focus on the timely detection of atrial fibrillation

FibriCheck is available as a separate application in several countries, but You are using the FibriCheck Services integrated into a third party application that you use. Through this application, you will be able to perform FibriCheck measurements and to receive an analysis on the presence of cardiac arrhythmias

 

The goal of the FibriCheck Services is to help you to timely detect cardiac arrhythmias by monitoring and tracking your heart rhythm over time and to provide you with the opportunity to assess your cardiovascular risk profile

 

The FibriCheck Services allow you to perform an unlimited amount of measurements via the third party application during the activation period (set at 7 days). Measurements are performed by placing the finger on the camera of your mobile device for 60 seconds. During this measurement we are detecting the pulse waveform using the optical light and detector of the mobile device. The measurements will then be assessed by the FibriCheck algorithms for the presence of cardiac arrhythmias, whereby we focus on detecting atrial fibrillation. All the measurements labeled orange or red will be revised by the Expert Review Team for confirmation. FibriCheck will provide feedback when your measurement has been revised by FibriCheck’s expert review team (the “Expert Review Team”)

 

The findings obtained by the Expert Review Team are exclusively intended for information purposes and under no circumstances do they replace personal diagnostics, consultations, care or treatment by medical or other medically trained personnel. The possibility of a misinterpretation by the medical technicians cannot be ruled out. The Expert Review service is not designed to be an aid in either decision-making for acute states or for real-time monitoring of vital functions. The Expert Review Team and its executive bodies, executives, employees, vicarious agents, partners, affiliates and licensors assume no responsibility whatsoever for decisions made by you based on the information, such as decisions as to whether or not to consult caregivers or accept treatment by medical or healthcare professionals. These FibriCheck Services do not render, nor are they intended as a substitute for the provision of any medical care

 

At the end of your FibriCheck use, you will receive a full comprehensive report, including the details of your measurements, educational information and statistics. Furthermore, the report will include details about the preferred next steps to take. Your report will be available in the third party application

 

The goal of FibriCheck is to help you understand your heart health and does not provide you with a diagnosis for cardiac arrhythmias. If you think you may have a medical emergency, please contact your physician or emergency services immediately

 

The FibriCheck Services are considered as a medical device by international definition but is not required to be imported/supplied to the UAE via a MOHAP licensed medical store. It is advisable that the healthcare facility verifies related quality certifications of the software

 

4. Applicability

 

1. By accepting the Terms of Use you expressly confirm that you have access to the intended use of the FibriCheck Services as set out in the present Terms of Use. As a result thereof, you confirm and  accept that you waive your right of revocation as soon as the FibriCheck Services are supplied by FibriCheck. This means that from this time forward, you are under obligation to comply with the terms and conditions of the present Terms of Use

Where the FibriCheck Services or the website https://www.fibricheck.com draws on services from third parties, the terms and conditions of service delivery of the said third parties may apply. By using such services from a third party, you accept the applicable terms and conditions FibriCheck declines all and any liability for the substance of the terms and conditions of the third parties

 

5. Use of the FibriCheck Services

 

5.1. FibriCheck recommends you to read the Instructions for Use before you use the FibriCheck Services. Please note that the FibriCheck Services are not directed towards and may not be used by minors

 

FibriCheck is intended to timely detect cardiac arrhythmias with a focus on atrial Fibrillation. We advise you to not use FibriCheck if:

• Persons with coloured fingers/wrist (i.e. tattoos, ink); unnaturally coloured fingers/wrist weaken the signal and interfere with the effectiveness of the device (depending on the device)
• Minors (below 18 years old); the device has not been evaluated in persons where the heart is not fully grown
• Persons with conditions causing tremors or the inability to hold their hand still for at least 60 seconds (e.g. Parkinson or dementia) as, in this case, the device cannot process an accurate measurement
• Persons with reduced blood flow in the fingertips (e.g. perniosis or callus formation) as FibriCheck will not be able to detect the significant intensity variations induced by the blood flow
• Persons that have a disability to perform the measurements according to the Instructions for Use
• Persons with cardiac pacemakers, ICDs, or other implanted electronic devices as these can control the natural heart rhythm

 

5.2. In order to use all functionalities of FibriCheck, you will need Wi-Fi on your mobile device or mobile Internet connection. Access to Wi-Fi or a mobile Internet connection is your own responsibility. Please make sure your mobile device complies with the minimum system requirements as specified on the download page

If your mobile device does not meet these minimum system requirements, we are unable to guarantee that FibriCheck will work properly FibriCheck declines all and any liability for loss or damage due to the fact that you failed to comply with the aforesaid requirements

 

5.3. During your subscription period, we may, in our sole discretion, provide you with updates. For the avoidance of doubt, we are not obligated to provide any updates of the FibriCheck Services

 

6. License - restrictions

 

6.1 License by FibriCheck

 

During the subscription period and subject to the timely payment of the fees (if applicable), we grant you a non-exclusive, personal, restricted, non-sublicensable and non-transferable license to use the FibriCheck Services in accordance with these Terms of Use ("License"). You are not allowed to use the FibriCheck Services for any commercial purposes or to use the FibriCheck Services, or a component of the foregoing in a manner not authorized by us. You shall use the FibriCheck Services solely in full compliance with (i) the present Terms of Use; (ii) any additional instructions or policies issued by us, including, but not limited to, those posted within the third party application or on our website https://www.fibricheck.com; (iii) any applicable legislation, rules or regulations and (iv) additional documentation provided

 

6.2 Restrictions

 

You agree to use the FibriCheck Services only for their intended use as set forth in this Agreement. Within the limits of the applicable law, you are not permitted to (i) make the FibriCheck Services and/or additional provided documentation available or to sell or rent the FibriCheck Services and/or additional provided documentation to any third parties, without explicit written consent of us; (ii) adapt, alter, translate or modify in any manner the FibriCheck Services or additional provided documentation; (iii) sublicense, lease, rent, loan, distribute, or otherwise transfer the FibriCheck Services or additional provided documentation to any third party; (iv) decompile, reverse engineer, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, concepts, algorithms, structure or organization) of the FibriCheck Services or additional provided documentation, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (v) use or copy the FibriCheck Services or additional provided documentation except as expressly allowed under this Article 8; (vi) gain unauthorized access to Accounts of other users or the IT equipment or structure of us to provide the FibriCheck Services or additional provided documentation or use the FibriCheck Services or additional provided documentation to conduct or promote any illegal activities; (vii) use the FibriCheck Services or additional provided documentation to generate unsolicited email advertisements or spam; (viii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (iv) use any high volume automatic, electronic or manual process to access, search or harvest information from the FibriCheck Services or additional provided documentation (including without limitation robots, spiders or scripts); (x) alter, remove, or obscure any copyright notice, digital watermarks, proprietary legends or other notice included in the FibriCheck Services or additional provided documentation; (xi) intentionally distribute any worms, Trojan horses, corrupted files, or other items of a destructive or deceptive nature or use the FibriCheck Services or additional provided documentation for any unlawful, invasive, infringing, defamatory or fraudulent purpose; or (xii) remove or in any manner circumvent any technical or other protective measures in the FibriCheck Services or additional provided documentation

 

Except as expressly set forth herein, no express or implied license or right of any kind is granted to you regarding the FibriCheck Services or additional provided documentation or any part thereof, including but not limited to any right to obtain possession of any source code, data or other technical material relating to the FibriCheck Services

 

6.3 License by user

 

By uploading, creating or otherwise providing information, data or images on or through the FibriCheck Services ("User Content"), you grant us a non-exclusive, royalty-free, worldwide, sublicensable, transferable, license to use, copy, store, modify, transmit and display User Content to the extent necessary to provide and maintain the FibriCheck Services. We reserve the right, but are not obliged, to review and remove any User Content which is deemed to be in violation with the provisions of the Terms of Use or otherwise inappropriate, any rights of third parties or any applicable legislation or regulation

 

7. Ownership

 

As between you and us, the FibriCheck Services, our website https://www.fibricheck.com and all additional documentation provide, all worldwide Intellectual Property Rights pertaining thereto, are the exclusive property of us and/or its licensors

 

Intellectual Property Rights are defined as any and all now known or hereafter existing (a) rights associated with works of authorship, including copyrights, mask work rights, and moral rights; (b) trademark or service mark rights; (c) trade secret rights, know-how; (d) patents, patent rights, and industrial property rights; (e) layout design rights, design rights, (f) trade and business names, domain names, database rights, rental rights and any other industrial or intellectual proprietary rights or similar right (whether registered or unregistered); (g) all registrations, applications for registration, renewals, extensions, divisions, improvements or reissues relating to any of these rights and the right to apply for, maintain and enforce any of the preceding items, in each case in any jurisdiction throughout the world;

 

All rights in and to the FibriCheck Services and/or additional documentation provided not expressly granted to you in this Terms of Use are reserved by us and our licensors. Except as expressly set forth herein, no express or implied license or right of any kind is granted to you regarding the FibriCheck Services and/or additional documentation provided or any part thereof, including any right to obtain possession of any source code, data or other technical material related to the FibriCheck Services or our website

 

8. Feedback

 

It is expressly understood, acknowledged and agreed that you shall, regardless of whether or not formally requested to do, provide to FibriCheck reasonable suggestions, comments and feedback regarding the FibriCheck Services, including but not limited to usability and test results (collectively, “Feedback”). If you provide such Feedback to FibriCheck, you shall grant FibriCheck the following worldwide, non-exclusive, perpetual, irrevocable, royalty free, fully paid up rights:

 

• to make, use, copy, modify, sell, distribute, sub-license, and create derivative works of, the Feedback as part of any FibriCheck product, technology, services (including the “FibriCheck Services”), specification or other documentation (individually and collectively, "FibriCheck Product(s)")
• to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of the Feedback (and derivative works thereof) as part of any FibriCheck Product

 

Further, you warrant that its Feedback is not subject to any license terms that would purport to require FibriCheck to comply with any additional obligations with respect to any FibriCheck Products that incorporate any Feedback

 

9. Suspension

 

If we become aware or suspects, in our sole discretion, any violation by you of these Terms of Use or any other instructions, guidelines or policies issued by us, then we may suspend or limit your access to the FibriCheck Services . The duration of any suspension by FibriCheck will be until you have cured the breach which caused such suspension or limitation

 

10. Liability

 

10.1. To the maximum extent permitted under applicable law, our liability arising out of or in connection with the FibriCheck Services under these of Use whether in contract, warranty, tort or otherwise, shall not exceed the amount paid out under our compulsory insurance policy at the date on which the applicable liability claim arises. Nothing in these Term of Use shall limit or exclude our liability for (i) gross negligence; (ii) willful misconduct, (iii) fraud or personal injury

 

10.2. To the extent legally permitted under applicable law, we shall not be liable to you or any third party, for any special, indirect, exemplary, punitive, incidental or consequential damages of any nature including, but not limited to damages or costs due to loss of profits, data, revenue, goodwill, production of use, procurement of substitute services, or property damage arising out of or in connection with the FibriCheck Services under these Terms of Use, including but not limited to any miscalculations, or the use, misuse, or inability to use the FibriCheck Services or other documentation provided, regardless of the cause of action or the theory of liability, whether in tort, contract, or otherwise, even if we have been notified of the likelihood of such damages. The limitation in this Article 12.2 shall not apply to the obligations of FibriCheck under Article 13 ("Indemnification")

 

10.3. You agree that we can only be held liable as per the terms of this Article 12 to the extent damages suffered by you are directly attributable to us. For the avoidance of doubt, we shall not be liable for any claims resulting from (i) your unauthorized use of the FibriCheck Services, (ii) your or any third party's modification of (any parts) of the FibriCheck Services, (iii) your failure to use the most recent version of the FibriCheck Services made available to you or your failure to integrate or install any corrections to the FibriCheck Services issued by us, or (iv) your use of the FibriCheck Services in combination with any non-FibriCheck products or services. The exclusions and limitations of liability under this Article shall operate to the benefit of our affiliates and subcontractors under this Terms of Use to the same extent such provisions operate to our benefit

 

11. Warranties and disclaimers

 

11.1 By Us

 

Except as expressly provided in this Article 13 and to the maximum extent permitted by applicable law, the FibriCheck Services, including the analysis of your measurements by our algorithm or expert review team are provided "AS IS" and we make no (and hereby disclaims all) other warranties, covenants or representations, or conditions, whether written, oral, express or implied including, without limitation, any implied warranties of satisfactory quality, course of dealing, trade usage or practice, merchantability, suitability, availability, title, noninfringement, or fitness for a particular use or purpose, with respect to the use, misuse, or inability to use the FibriCheck Services, , including the analysis of your measurement by our algorithm or expert review team, (in whole or in part) or any other products or services provided to you by us. We do not warrant that (i) all errors can be corrected, or that access to or operation of the FibriCheck Services shall be uninterrupted, secure, or error-free, and (iii) the information, including but not limited to the analysis of your measurements by our algorithm or expert review team, available on or transmitted by the FibriCheck Services, is true, complete or accurate. You specifically acknowledge and agree that we cannot be held liable for any healthcare or related decisions made by you or your physician based upon the analysis of your measurements by our algorithm or the Expert Review Team, transmitted or displayed by or on the FibriCheck Services whether such data is accurate or inaccurate. You acknowledge and agree that your physician, and not we, is solely responsible for the interpretation of your measurements or other healthcare information related to you. You expressly acknowledge and agree that your use of the FibriCheck Services including the analysis of your measurements, is at your sole risk. You acknowledge and agree that there are risks inherent to transmitting information over and storing information on the internet and that we are not responsible for any losses of your data, including but not limited to the analysis of the measurements and any user content, in connection therewith

 

We shall defend and indemnify you as specified herein against any founded and well-substantiated claims brought by third parties to the extent such claim is based on an infringement of the Intellectual Property Rights of such third party by the FibriCheck Services and excluding any claims resulting from (i) your unauthorized use of the FibriCheck Services, (ii) your or any third party's modification of any of the FibriCheck Services, our website or additional provided documentation, (iii) your failure to use the most recent version of the FibriCheck Services made available to you, or your failure to install any corrections or updates to the FibriCheck Services issued by us, if we indicated that such update or correction was required to prevent a potential infringement, or (iv) your use of the FibriCheck Services in combination with any non-FibriCheck Products or services

 

Such indemnity obligation shall be conditional upon the following: (i) we are given prompt written notice of any such claim; (ii) we are granted sole control of the defense and settlement of such a claim; (iii) upon our request, you fully cooperates with us in the defense and settlement of such a claim, at our expense; and (iv) you make no admission as to our liability in respect of such a claim, nor do you agree to any settlement in respect of such a claim without our prior written consent. Provided these conditions are met, we shall indemnify you for all damages and costs incurred by you as a result of such a claim, as awarded by a competent court of final instance, or as agreed to you pursuant to a settlement agreement

 

In the event the FibriCheck Services, in our reasonable opinion, are likely to or become the subject of a third-party infringement claim (as per this clause 12.1), we shall have the right, at our sole option and expense, to: (i) modify the ((allegedly) infringing part of the) FibriCheck Services so that they become non- infringing while preserving equivalent functionality; (ii) obtain for you a license to continue using the FibriCheck Services in accordance with these Terms of Use; or (iii) terminate the Licence and pay to you an amount equal to a pro rata portion of the Fees for that portion of the FibriCheck Services which is the subject of such infringement

 

The foregoing states the entire liability and obligation of us and the sole remedy of you with respect to any infringement or alleged infringement of any Intellectual Property Rights caused by the FibriCheck Services or any part thereof

 

11.2 By You

 

You represent and warrant us that (a) you have the authority to enter into this binding agreement personally and (b) that any User Content provided by you for the use of the FibriCheck Services is accurate and truthful and shall not (i) infringe any Intellectual Property Rights of third parties; (ii) misappropriate any trade secret; (iii) be deceptive, defamatory, obscene, pornographic or unlawful; (iv) contain any viruses, worms or other malicious computer programming codes intended to damage our system or data; or (v) otherwise violate the rights of a third party

 

You agree and acknowledge that we are not obligated to back up any User Content and/or measurements. You agree that any use of the FibriCheck Services contrary to or in violation of the representations and warranties of you in this Article constitutes unauthorized and improper use of the FibriCheck Services

 

12. Term and termination

 

12.1. We shall grant you a license on the FibriCheck Services during your subscription period unless the license is terminated in accordance with Article 14 of these Terms of Use. During your subscription period, you will be eligible to receive all major and minor updates and upgrades for the FibriCheck Services

For the avoidance of doubt, in the event you remove the third party application from your mobile device or smartwatch before the expiration of the subscription period, the User is not entitled to a refund of any pre-paid Fees for the remaining period of the subscription

Upon expiration of the subscription, any user rights on the FibriCheck Services that were granted to you under these Terms of Use shall automatically expire. After the expiration of your subscription period, you will still be able to access your measurements in the third party application

 

12.2. Termination for breach. We may terminate with immediate effect these Terms of Use and your right to access and use the FibriCheck Services (i) if we believes or have reasonable grounds to suspect that you are violating these Terms of Use (including but not limited to any violation of our Intellectual Property Rights) or any other guidelines or policies issued by us or (ii) if you remain suspended for non-payment for more than 60 (sixty) days

 

12.3. Effects of termination. Upon the termination of these Terms of Use for any reason whatsoever in accordance with the provisions of these Terms of Use, at the moment of effective termination: (i) you will no longer be authorized to access or use the FibriCheck Services; (ii) FibriCheck may delete data associated with your Account, including but not limited to User content or your measurements (iii) all rights and obligations of us and you under these Terms of Use shall terminate, except those rights and obligations under those sections specifically designated in Article 15.7

 

13. Miscellaneous

 

13.1 Force Majeure

 

We shall not be liable for any failure or delay in the performance of our obligations with regard to the FibriCheck Services if such delay or failure is due to causes beyond our control due including by not limited to acts of God, war, strikes or labor disputes, embargoes, government orders, telecommunications, network, computer, server or Internet downtime, unauthorized access to our information technology systems by third parties or any other cause beyond our reasonable control (the "Force Majeure Event"). We shall notify you of the nature of such Force Majeure Event and the effect on our ability to perform our obligations under these Terms of Use and how we plan to mitigate the effect of such Force Majeure Event

 

13.2 Entire agreement

 

These Terms of Use constitute the entire agreement and understanding between you and us with respect to the subject matter hereof and supersedes all prior oral or written agreements, representations or understandings between you and us relating to the subject matter hereof. No statement, representation, warranty, covenant or agreement of any kind not expressly set forth in these Terms of Use shall affect, or be used to interpret, change or restrict, the express terms and provisions of these Terms of Use

 

13.3 Severability

 

If any provision of these Terms of Use are, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law

 

13.4 Waiver

 

Any failure to enforce any provision of these Terms of Use shall not constitute a waiver thereof or of any other provision

 

13.5 Assignment

 

You may not assign or transfer these Terms of Use or any rights or obligations to any third party. We shall be free to (i) transfer or assign (part of) its obligations or rights under the Terms of Use to one of its affiliates and (ii) to subcontract performance or the support of the performance of this Terms of Use to our affiliates, to individual contractors and to third party service providers without prior notification to you

 

13.6 Notices

 

All notices from us intended for receipt by you shall be deemed delivered and effective when sent to you to your account on the third party application

 

13.7 Survival

 

Articles 9, 10, 12, 14, 15.7, 15.8 shall survive any termination or expiration of this Agreement

 

13.8 Governing law and jurisdiction

 

Without prejudice to any mandatory legislation, these Terms of Use shall be exclusively governed by and construed in accordance with the laws of Belgium, without giving effect to any of its conflict of law principles or rules. The courts and tribunals of Hasselt shall have sole jurisdiction should any dispute arise relating to these Terms of Use

 

Instructions for FibriCheck Use 

 

RN Camera SDK 

 

1. PRODUCT DESCRIPTION

 

FibriCheck is a software that determines heart rhythm conditions, with a primary focus on the detection of Atrial Fibrillation with a sensitivity and specificity of 91,86% and 97,59%, respectively

 

The FibriCheck application is only intended to record, display, store and transmit photoplethysmogram (PPG) data. Recordings are performed by making contact between the skin and camera of a mobile device or by skin and sensor of a wearable device. This way, volumetric changes can be detected

 

1.1 Indications for use

 

Adults with known or suspected heart conditions such as Atrial Fibrillation can use the FibriCheck application daily, or whenever feeling symptoms, to record their pulse waveform and to monitor their heart rhythm

 

1.2 Contraindications

 

There are no known contraindications for FibriCheck

 

1.3 Guidelines for use

 

FibriCheck can be used anytime and anywhere as long as it is used on a compatible, functioning mobile or wearable device with sufficient battery. If there is no internet connection, a measurement can still be performed, but the measurement analysis will only be available after the connection has been restored as the information must be sent to the cloud for proper analysis

 

2. RECOMMENDATIONS

 

2.1 General

 

• FibriCheck cannot detect heart attacks or ischemic heart conditions. If you ever experience chest pain, pressure, tightness, or what you think is a heart attack, call emergency services
• A complete diagnosis cannot be made based on FibriCheck alone, consult with your physician before making any medical decision, including altering your medication or treatment
• FibriCheck does not detect or register all changes in heart rates, heart rhythms and heart waveform
• Interpretations made by FibriCheck are potential findings, not a complete diagnosis of cardiac conditions. All interpretations should be reviewed by a medical professional for clinical decision making
• Do not perform measurements while driving or during physical activity
• Do not perform measurements when the camera lens is uncleaned or broken
• After PPG analysis, the app may incorrectly identify some conditions as unreadable. Please consult with your physician
• FibriCheck does not guarantee that you are not experiencing an arrhythmia or other health conditions when labelling a measurement as regular or when feeling symptoms
• Do not continue using FibriCheck when experiencing discomfort caused by the camera flash. Try to avoid overlap of the flashlight with the finger
• Measurements can’t be sent to your physician without Internet connection

 

2.2 Users

 

FibriCheck is not intended to be used by all individuals:

• Persons with coloured fingers/wrist (i.e. tattoos, ink); unnaturally coloured fingers/wrist weaken the signal and interfere with the effectiveness of the device (depending on the device)
• Persons under the age of 18 years
• Persons with conditions causing tremors or the inability to hold their hand still for at least 60 seconds (e.g. Parkinson or dementia) as, in this case, the device cannot process an accurate measurement
• Persons with reduced blood flow in the fingertips (e.g. perniosis or callus formation) as FibriCheck will not be able to detect the significant intensity variations induced by the blood flow
• Persons that have a disability to perform the measurements according to the instructions for use
• Persons with cardiac pacemakers, ICDs, or other implanted electronic devices as these can control the natural heart rhythm

 

3. COMPATIBILITY

 

The minimum system requirements for the FibriCheck smartphone application are an Android operating system with minimal software version Android 4.4.2 or an iOS operating system with minimal software version iOS 11.2

NOTE: FibriCheck performs proactive device monitoring. If you cannot find the application in the App Store / Play Store, this is preventively removed

 

4. A FIBRICHECK MEASUREMENT

 

4.1 Performing a measurement

 

Select “Start” to start a measurement. A couple of instruction screens will show how to correctly perform a measurement. Place your (index)finger on the camera of the smartphone. FibriCheck will now detect your heart rhythm, this may take several seconds

 

Once FibriCheck has started to record your heart rhythm, a visual graph is shown on the screen. A measurement takes the 60s. It is recommended to perform 2 measurements per day and additional ones when feeling symptoms

 

It is very important to comply with the following when performing a measurement:

• Make sure your hands and camera lens are clean
• Take a seated position and rest your arms on table
• Do not talk, move or relocate your finger during the measurement. This can interrupt the measurement or influence the quality of the measurement. In both cases, the measurement will have to be performed again
• Place your finger on the camera of your smartphone (it is not required to cover the flashlight of the camera)

 

4.2 After the 60 seconds measurement is completed

 

After completing the FibriCheck measurement, a context screen appears where more information can be added to the measurement. Please indicate what you were doing immediately before taking the measurement and whether you were experiencing any symptoms

 

After every measurement, you will first receive an automatic interpretation by the FibriCheck algorithm about your heart rhythm. A pdf-file can be generated containing the results of your rhythm measurement. Your health care provider or monitoring center can overrule the FibriCheck interpretation

 

Caution: This analysis is not a diagnosis and does not replace medical advice. Please seek professional medical assistance if you are, or believe you are, suffering from any medical problem. This device does not detect or monitor all heart rates, heart rhythms or heart waveform changes, especially those related to ischemic heart conditions. This interpretation is solely based on the PPG recording submitted for analysis

 

4.3 Explanation of the rhythm classifications

 

Immediately, after a 60 second FibriCheck measurement, FibriCheck automatically interprets the signal. Possible outputs are the following alarms (low priority):

• Green labelled as “Regular”: indicates that a low variability in the heart rhythm was detected during the measurement. This is indicative of a regular rhythm. FibriCheck cannot guarantee that no arrhythmia is present when a measurement is labeled as green

  NOTE: Please consult with your physician before making any medical decision, including altering your use of any drug or treatment

•  

• Orange labelled as "Warning": rhythm variability is detected which might indicate possible finding of an arrhythmia such as ectopic beats, atrial fibrillation or any other arrhythmia

  NOTE: This analysis is not a diagnosis and does not replace medical advice. Please seek professional medical assistance if you are, or believe you are, suffering from any medical problem

•  

• Red labelled as "Urgent": rhythm variability is detected which might indicate possible atrial fibrillation or atrial flutter

  NOTE: This analysis is not a diagnosis and does not replace medical advice. Please seek professional medical assistance if you are, or believe you are, suffering from any medical problem

•  

   

  Blue labelled as “Signal Quality Too Low”: a recording where the quality of the recording could not be guaranteed and the user is

• prompted to try again. The insufficient quality could arise from a device deficiency or signal quality metric

 

Please note:

• Your physician or healthcare provider can overrule these interpretations
• The measurement is immediately analyzed by the FibriCheck algorithm and, when subscribed in the doctor model, also shared immediately with your healthcare provider who can overrule the interpretation. This might affect the graphical alarm
• If you are connected to the internet, you can instantly see if the interpretation by the algorithm has been overruled. If not connected, you will be notified as soon as the connection has been restored
• The confirmation by the healthcare provider is shown as a notification in the notification log in the app

 

5. HYGIENIC MAINTENANCE

 

There are no special cleaning measures required for FibriCheck, though measurements should not be performed when the camera lens is unclean

 

6. CYBERSECURITY

 

FibriCheck uses industry-standard encryption protocols to secure all products and data in transfer and at rest. FibriCheck uses industry best practices. Detailed measurement data is only stored on secure, encrypted servers and not on the device of the user. These databases contain encrypted user data when at rest or in transit. A continuous backup system is used to make sure all data is secure

 

7. CONTACT DETAILS OF FIBRICHECK

 

Qompium

Kempische Steenweg 303/27

3500 Hasselt

Belgium