Last revised: 23 June 2020
IMPORTANT: THE APPLICATION IS DESIGNED TO BE USED UNDER THE SUPERVISION OF A CLINICIAN TO REMOTELY ASSESS PATIENTS AGED 29 DAYS OR OLDER IMMEDIATELY PRECEDING OR DURING A VIDEO TELEHEALTH CONSULTATION.
The Application may only be used by individuals aged eighteen (18) years or older. The Application may be used by individuals aged eighteen (18) years or older to record cough sounds of individuals aged 29 days or older.
Apple Terms and Conditions
These Terms supplement and incorporate the Apple, Inc. (“Apple”) Terms and Conditions (located at www.apple.com/legal/itunes/us/terms.html#service) including, without limitation, the Licensed Application End User License Agreement provided therein (“Apple Terms”). If any of the provisions of the Apple Terms conflict with these Terms, these Terms will control, solely to the extent such terms apply to the Application.
Subject to these Terms, ResApp grants the User a personal, non-transferable, non-exclusive, limited and revocable license to use the Application for personal use only on an Apple iPhone owned or controlled by the User as permitted by the Usage Rules contained in the Apple Terms and in accordance with these Terms (“User License”). Any use of the Application in any other manner, including, without limitation, rent, resale, lease, sell, transfer, modify, decompile, disassemble, reverse engineer, or distribution of the Application or text, pictures, video, data or other content associated with the Application is prohibited.
The User shall not use or display the Application within the United States or where prohibited by Federal Law.
The User acknowledges, understands and agrees that the Application remains ResApp property and that the User obtains no rights, including rights of ownership, data rights, license rights, or otherwise, except for the license explicitly set forth herein. ResApp retains all right, title, and interest in and to the Application and in all related copyrights, trade secrets, patents, trademarks, and any other intellectual and industrial property and proprietary rights, including registrations, applications, renewals, and extensions of such rights. ResApp property includes, but is not limited to, all software, processes, methodologies, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information in or made available to you in connection with the Application.
The User agrees to defend, indemnify, and hold harmless ResApp and its employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney’s fees) that arise from the User’s use or misuse of the Application, violation of these Terms or violation of any rights of a third party.
In the event of any third party claim that the Application or User’s possession and use of the Application infringes that third party’s intellectual property right, ResApp, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE AUSTRALIAN CONSUMER LAW, RESAPP PROVIDES THE APPLICATION “AS IS,” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH YOU, AND RESAPP SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RESAPP DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF THE APPLICATION. RESAPP DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OF THE APPLICATION OR THAT RESAPP WILL CORRECT ANY OR ALL DEFECTS. RESAPP IS NOT RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE APPLICATION.
In the event of any failure of the Application to conform to any applicable warranty, User may notify Apple, and, if applicable, Apple will refund the purchase price (if any) for the Application to the User and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be ResApp sole responsibility.
Limitation of Liability
EXCEPT WHEN EXPRESSLY PROHIBITED BY LAW, INCLUDING THE AUSTRALIAN CONSUMER LAW, IN NO EVENT WILL RESAPP BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, DAMAGE TO REPUTATION, LOSS OR CORRUPTION OF DATA, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER RESAPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, RESAPP’S LIABILITY TO THE USER UNDER THESE TERMS OR WITH RESPECT TO THE APPLICATION IS LIMITED TO ANY COMPENSATION THE USER PAYS, IF ANY, TO RESAPP FOR ACCESS TO OR USE OF THE APPLICATION DURING THE SIX MONTHS PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. WHERE ANY LAW, INCLUDING THE AUSTRALIAN CONSUMER LAW, PROHIBITS THE EXCLUSION OF THE LIABILITY OF RESAPP WITH RESPECT TO THE SUPPLY OF ANY GOODS OR SERVICES TO THE USER PURSUANT TO THIS AGREEMENT, THAT LIABILITY IS LIMITED TO, IF PERMITTED BY LAW: (A) IN THE CASE OF GOODS, REPAIRING OR REPLACING THE GOODS OR PAYING THE COST OF SUPPLYING EQUIVALENT GOODS; AND (B) IN THE CASE OF SERVICES, PROVIDING THE SERVICES AGAIN OR PAYING THE COST OF SUPPLYING EQUIVALENT SERVICES.
These Terms are governed by, and is to be construed in accordance with, the laws applicable in Queensland, Australia. Each party irrevocably and unconditionally submits to the non-exclusive of the courts of Queensland, Australia and any courts which have jurisdiction to hear appeals from any of those courts.
Third Party Beneficiary
Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms. Upon User’s acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against User as a third party beneficiary thereof.
ResApp reserves the right to change or modify these Terms at any time and its sole discretion by positing revisions on the ResApp website. Continued use of the Application following the posting of these changes or modification will constitute acceptance of such changes or modifications.
If any provision of these Terms is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of these Terms will not be affected.
Any questions, complaints or claims regarding the Application should be directed to:
ResApp Customer Service
ResApp Health Limited
Level 12, 100 Creek St
Brisbane QLD 4000
Phone: (07) 3724 0035
ResApp Health Limited
ABN 51 094 468 318
Level 12, 100 Creek St, Brisbane, QLD 4000
© 2020 ResApp Health Limited. All rights reserved. US Patent No. 10,098,569, Australian Patent No. 2013239327, Japanese Patent No. 6,435,257 and Patents Pending. ResApp Health®, the ResApp Health logo and ResAppDx® are registered trademarks of ResApp Health Limited in the United States and other countries. ResAppDx is not available for sale in the United States.