1. General terms
1.3. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction.
2. User registration
2.2. You agree to keep your password confidential and will be responsible for all use of your account. Your account must be accessed only by you, and not by any other person unless you have obtained our prior permission to transfer your account to another person.
3. User obligations
3.1. By using the Software, you undertake the following obligations:
3.1.1. to use the Software solely for the designed purpose – creation of FHIR profiles using the profiling tool available at the Site and further downloading profiles to your own device.
3.1.2. to submit true, accurate, current, and complete registration information and maintain the accuracy of it;
3.1.3. not to use the Software for any illegal or unauthorized purpose including through automated or non-human means (bot, script, or otherwise).
3.2. If you provide any information that is untrue, inaccurate, not current, incomplete, or inappropriate, we have the right to remove, reclaim, or change a username, or to suspend or terminate your account and refuse any and all current or future use of the Software.
4. Banned activities
4.1. You may not access or use the Software for any purpose other than that for which the Software is available. The Software may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us.
4.2. As a user of the Software, you agree not to:
4.2.1. circumvent, disable, or otherwise interfere with security-related features of the Software, including features that prevent or restrict the use or copying of any сontent or enforce limitations on the use of the Software and/or the сontent contained therein;
4.2.2. decipher, decompile, disassemble, or reverse engineer any of the Software;
4.2.3. attempt to bypass any measures of the Site designed to prevent or restrict access to the Software, or any portion of the Site;
4.2.4. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Software or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Software;
4.2.5. use the Software in a manner inconsistent with any applicable laws or regulations.
5. Intellectual property. Software and Plugin license
5.1. Unless otherwise indicated, the Software, the Plugin, and the Site, including any portion of the content and trademarks, service marks, and logos contained therein (collectively the “Intellectual Property”), are owned or controlled by us or licensed to us.
5.3. We do not claim any rights to any profile created using the Software.
6.2. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
6.3. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress and reporting infringers to law enforcement authorities.
7.1. The Site and the Software are provided on an as-is and as-available basis. You agree that your use of the Software and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site, the Software, and your use thereof, including, without limitation, the implied warranties of fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Software’s content or the content of any websites linked to the Site, and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site and the Software, (3) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (4) any interruption or cessation of transmission to or from the Site or the Software, (5) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Site or the Software by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
8. Limitations of liability and indemnifications
8.1. In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site or the Software, even if we have been advised of the possibility of such damages.
8.3. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware of it.
10. Governing law and disputes resolution
10.3. Any legal action of whatever nature brought by either you or us shall be commenced or prosecuted in the state courts of Estonia, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such national courts.
11. Other terms
We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Software.
We cannot guarantee the Software will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Software, resulting in interruptions, delays, or errors.
11.2. There may be information on the Site or in the Software that contains typographical errors, inaccuracies, or omissions that may relate to the Software. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information related to the Software at any time, without prior notice.
11.5. In order to resolve a complaint regarding the Site and the Software, including potential infringement of your copyright, or to receive further information regarding use of the Site and the Software, please contact us at [email protected]