1.Terms and Conditions of Use for Surgeonal


Introduction

Welcome to Surgeonal's Terms and Conditions. These terms are intended to guide and inform you about the rules, responsibilities, rights, and limitations that apply when using the Surgeonal App. They serve as a binding contract between you, the user, and us, Surgeonal. For the purpose of these terms, "Surgeonal" represents JABIR MOHAMED KHALIF Nairobi, Kenya.

2. Apple's End User License Agreement (EULA)

In addition to our own Terms, your use of the App is also subject to the terms of the End User License Agreement ("EULA") provided by Apple Inc. This is the standard agreement that applies to all apps distributed through the Apple App Store. Please take the time to review the Apple EULA as it contains important information about your rights and obligations..

2.1. Dual Agreement Acknowledgment

By using the App, you acknowledge and agree to comply with both our Terms and Apple's EULA. In the event of any conflict between our Terms and Apple's EULA, the provisions of Apple's EULA shall prevail to the extent of such inconsistency.


We strongly recommend reading this document thoroughly to understand your obligations and the scope of the permissions granted to you. If you have any queries or need clarifications regarding these terms, or any aspect of the app, please reach out to us at surgeonal.app@gmail.com.


1.0 Acceptance of Terms

By accessing and using the Surgeonal App, you agree to be bound by the following terms and conditions. If you do not agree to these terms, you should not use this app.

2.0 Patient Data

Users are urged not to input any patient-specific data into the app. This encompasses data such as name, date of birth, race, marital status, medical history and other identifiable particulars. The app's primary design is to document surgical activities without associating them to distinct patients to uphold patient confidentiality and data protection standards.

In the event that patient-specific data is inadvertently entered into the app, it is imperative that users promptly inform us through our support channel at surgeonal.app@gmail.com. If a user realizes they've entered sensitive data but can't access or delete it themselves, they should notify us immediately so appropriate actions can be taken.

3.0 Purpose and Proof of Surgical Activities

3.1 Intended Use

Surgeonal is primarily designed as a tool for personal reference. Its primary audience includes surgery students and practicing surgeons. The app allows users to log and track their surgical activities for personal record-keeping, reflection, and progress tracking.

3.2 Not a Proof of Surgical Competence

Entries in Surgeonal should not be considered as official proof or validation of one's surgical activities or competence. Users are advised to seek and maintain formal records and certifications from recognized institutions or bodies to validate their surgical experiences and skills. Surgeonal aims to be a complementary tool for personal use and should not replace formal surgical logs or credentials.

4.0 Breach and Reporting

If users detect any breach of their credentials or suspect unauthorized access to their account, it's imperative to report the incident to us as soon as possible. Prompt reporting allows us to take necessary actions to safeguard your data and investigate potential vulnerabilities.

5.0 Data Collection

We respect your privacy. The data we collect, as detailed in our Privacy Policy, is initiated upon registration. No personal data is gathered prior to this stage.

6.0 Copyrights

6.1 Ownership of Content and Resources

The logo and specific content on the Surgery Logging App are original creations of the developer and remain an intellectual property. While these assets are not registered with any official copyright governing body, it's important to note that creative works are inherently copyrighted upon creation in many jurisdictions. So you should respect this inherent copyright.

6.2 Open Source Acknowledgement

Icons and certain graphical assets utilized in the Surgery Logging App are sourced from unDraw, a provider of open-source graphical resources. Although they stated that they don't require any attribution, we duly acknowledge their contributions and rights. These assets are used under their provided open-source license, and all related rights and credits belong to unDraw and respective creators.

6.3 Prohibited Uses

While the app contains open-source elements, it's important to recognize the differentiation between these and the app's unique content. Users may not reproduce, distribute, display, or transmit any original content from the app, including its unique logo, without prior written permission from the developer. Respect for both open-source contributions and original content is essential for fair use of the app.

7.0 Payment and Access to the Service

7.1 Paid Subscription-Based Service

Surgeonal operates as a freemium service, predominantly using a subscription-based model. To benefit from the full functionalities of the app, users must have an active subscription, be in a trial period, or have been granted special access by the developer.

7.2 Unauthorized Access

Any attempt to access the service without an authorized subscription, trial, or special access is strictly prohibited. This includes, but is not limited to, attempts to reverse engineer the app, breach its security protocols, or bypass its payment mechanisms. Such actions are considered illegal and violate the terms of this agreement.

7.3 Legal Consequences

Engaging in unauthorized access exposes the perpetrators to potential legal action. Surgeonal reserves the right to pursue any available remedies, including legal action, against individuals or entities who access the service illegally or breach these terms.

8.0 Our Liability

While we endeavor to provide a seamless experience and ensure the security of your data, Surgeonal shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use (or inability to use) the app, unauthorized access to or use of your data, or any other matter related to the app.

Surgeonal shall not be liable for any damages, losses, or liabilities arising from your use of the app or inability to use it. This includes, but is not limited to, any loss of profits, revenue, data, or goodwill resulting from your use of the app.

9.0 Availability of the Service

9.1 Continuous Service Design

Surgeonal's infrastructure has been designed with the intention to provide continuous service, aiming to be available 24/7, 365 days a year. We endeavor to ensure that users can access and utilize the Surgery Logging App whenever they desire.

9.2 No Guaranteed Uptime

While we aim for consistent, uninterrupted service, we cannot guarantee 100% uptime. Factors beyond our control, such as technical failures, maintenance requirements, or unforeseen issues, may occasionally result in temporary service disruptions.

9.3 Communication of Major Downtime

In the event of anticipated significant downtime or service disruptions, we are committed to informing our users in advance. Notifications will be communicated through the app interface, the registered email associated with the user's account, or both, to provide ample notice and ensure minimal inconvenience.

10.0 Modifications to Terms

We reserve the right to modify these terms and conditions at our discretion. While minor changes may not always be communicated, significant shifts in our terms will be conveyed to users via the app or through registered email or both.

11.0 Contact & Further Queries

If you have concerns, questions, or need clarifications regarding these terms or any other aspect of the Surgery Logging App, kindly connect with us at surgeonal.app@gmail.com.

Note: It's advisable to seek legal counsel to ensure these terms and conditions comprehensively cover all required aspects and are compliant with applicable laws.