Last Modified: November 26, 2025
IMPORTANT NOTICE: PLEASE NOTE THAT SECTION 15 OF THIS AGREEMENT CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND PATIENT TALKER. AMONG OTHER THINGS, SECTION 15 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND PATIENT TALKER SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 15 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 15 CAREFULLY.
Patient Talker LLC ("Patient Talker", "we", "us" or "our") operates the Patient Talker app, an application which allows users to record audio, generate AI-powered transcripts, summaries and other informational outputs, and store and share related content (including with designated caregivers) and offers other features and services necessary to provide the Patient Talker app (collectively, the "App"). You must accept these Terms of Use in order to use the App. If you do not understand or have questions about these Terms of Use, immediately stop all use of the App and contact Support@PatientTalker.com.
The below Table of Contents enumerates the sections of our Terms for your convenience.
By signing up for, installing, accessing and/or using the App in any manner, you indicate that you have read and understand this Terms of Use Agreement (the "Terms"), which incorporates by reference our Privacy Policy, that you meet the Eligibility requirements provided in the Eligibility section (see below), and that you agree to be bound by these Terms in their entirety. Your continued use of the App constitutes your agreement to the most current version of the Terms. If at any time you do not agree to the Terms, you must cease your use of the App.
These Terms apply to all users of the App, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise, and those individuals who such users authorize to access or manage their User Content (defined below) (each, a "Caregiver").
To provide the App, we need information about you. Please refer to our Privacy Policy to help you understand what information we collect, how we use that information and what choices you have regarding your information when you use our App.
You represent and warrant that you are an individual person at least 18 years of age. If you are under the age of eighteen (18) or the applicable age of majority in your legal state of residence (collectively, "Minors"), you may not, under any circumstances or for any reason, use the App. Furthermore, where a parent or legal guardian uses the App to record Content of a Minor, such parent or legal guardian hereby agrees and represents that they agree to the usage of such Content in accordance with these Terms and provide, on the Minor's behalf, any and all required consents for that recording and such usage. By using the App, you agree (or in the case of a Minor user, the parent or legal guardian of such Minor must agree on the Minor's behalf) that you have read, understood and agree to be bound by these Terms and by any changes or modifications that we may make hereto as well as any other documents incorporated by reference.
You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the right to access the App is revoked where these Terms or use of the App is prohibited or to the extent offering or provision of the App conflicts with any applicable law, rule or regulation. Further, the App is offered only for your use, and not for the use or benefit of any third party. You are not eligible for or to participate in any activities/opportunities made available through the App if you violate any provision of these Terms, as applicable, as determined in Patient Talker's sole discretion.
We may, in our sole discretion, refuse to offer the App to any person or entity and change its eligibility criteria at any time.
We may require you to register for an account on the App (an "Account") or log in via your Google account or another authentication mechanism. You must provide accurate and complete information and keep your Account information updated. If you provide any information that is inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is inaccurate, not current or incomplete, or otherwise violates our Terms, we may deny you access to areas requiring registration, terminate your Account, and/or take such other action as we deem appropriate, at our sole discretion.
You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene, as determined by us in our sole discretion. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password and login credentials secure. You may never use another person's user Account or registration information or permit another user to use your Account. You must notify us immediately of any change in your eligibility to use the App, breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You may delete your Account at any time, directly through the App's menu.
You may only establish, maintain, use and control one Account on the App. Each Account on the App may only be owned, maintained, used and controlled by one individual. For avoidance of doubt, users may not "co-own" accounts on the App. In the event Patient Talker determines that you have opened, maintained, used or controlled more than one Account, in addition to any other rights that Patient Talker may have, Patient Talker reserves the right to suspend or terminate any or all of your accounts.
Without limiting anything in these Terms, we reserve the right, in our sole discretion, to restrict, suspend, or terminate your Account, and/or your access to all or any part of the App at any time, for any or no reason, with or without prior notice, and without liability, including in the event we stop offering any features or services on the App. We expressly reserve the right to restrict, suspend and/or terminate your access to any part of the App if we determine, in our sole discretion, that you have violated any of the terms of these Terms, or if your Account has been inactive for 12 months or longer.
Subject to your compliance with these Terms, Patient Talker grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device and to run such copy of the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms or under applicable law, you may not: (a) copy, modify, or create derivative works based on the App; (b) distribute, transfer, sublicense, lease, lend, or rent the App to any third party; (c) reverse engineer, decompile, or disassemble the App; or (d) make the functionality of the App available to multiple users through any means. Patient Talker reserves all rights in and to the App not expressly granted to you under these Terms.
The App is intended for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Any use of the App in violation of this provision, including communicating any advertisement or solicitation, or collecting usernames and/or email addresses of account holders by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the App, is prohibited.
Subject to your compliance with these Terms, Patient Talker grants you a personal, non-commercial, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to download, view, display, and use the Content solely for your permitted use within the App. "Content" means the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, communications, interactive features, works of authorship of any kind, and information or other materials that are generated, provided, or otherwise made available to or through the App, including User Content. "User Content" means any Content a user of the App provides us or otherwise makes available through the App.
Patient Talker does not claim ownership rights in User Content and nothing in these Terms restricts any rights that you may have to use and exploit your User Content. Subject to the foregoing, Patient Talker and its licensors exclusively own all right, title, and interest in and to the App and Content, including all associated intellectual property rights. You acknowledge that the App and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the App or Content.
We may offer users the opportunity to provide feedback/suggestions. In the event that you provide us with any feedback, suggestions or ideas regarding the App, whether solicited or unsolicited, including without limitation: any flaws, errors, bugs, anomalies, problems with the App; suggestions and/or ideas on how to improve or change the App; or suggestions and/or ideas otherwise related to the App (collectively, "Feedback"), you hereby assign to us all rights in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate, without compensation or notice to, or approval from, you and you expressly waive all moral rights you may have therein.
Patient Talker does not use any User Content, including recordings, transcripts, summaries, notes, or any derivative outputs, for the purpose of training, developing, fine-tuning, or improving any machine learning models, or artificial intelligence systems, whether owned by Patient Talker or any third party. User Content is processed by artificial intelligence to operate, maintain, and deliver the App's features, such as generating transcripts and summaries.
By making any User Content available to Patient Talker and/or through the App you grant to Patient Talker a non-exclusive, transferable, sublicenseable, worldwide, royalty-free, perpetual license (or, if not permitted under applicable law, a license for the whole duration, including for any extension thereof, of all relevant rights under any applicable law), to use, copy, modify, create derivative works based upon, publicly display, publish, publicly perform, market, promote, distribute or otherwise make available your User Content, in whole or in part, in connection with operating, providing, maintaining, developing, and improving the App and any current or future features, functionality or services made available through or in connection with the App, in any form, media or technology, whether known or hereafter developed, alone or as part of other works, with no payment or other compensation to you. The purposes shall include but are not limited to: in connection with operating and providing the App and Content to you and to others; to satisfy any law, regulation, or government request; and to use the information in accordance with our Privacy Policy. By accepting these Terms, you allow Patient Talker to benefit freely from the above rights.
You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any User Content that you may have under any applicable law or under any legal theory. To the extent that any third party is included or depicted in your User Content, you acknowledge and agree to have first obtained any and all necessary rights, permission and/or releases from such third party (or, if a Minor, the rights, permission and/or releases from such Minor's parent/legal guardian on its behalf) to include or otherwise depict such third party in the User Content, to the use of such third party's name, image, likeness and other identifying information, therein and to grant to Patient Talker those rights and permissions as part of the foregoing license, all of which rights are hereby granted by you to Patient Talker.
The App may allow you to designate a Caregiver. If you choose to designate a Caregiver in the App, you authorize Patient Talker to provide that Caregiver with full access to your User Content, including the ability to view, use and download your User Content as permitted by the App's features, and you represent and warrant that you have the authority to grant such access. If you are designated as a Caregiver, by accessing or using the App in that capacity, you represent, warrant and agree that you will comply with these Terms, and that you will honor and not circumvent any restrictions or instructions that the owner of the applicable User Content places on such User Content.
You are solely responsible for all your User Content. By submitting User Content, you represent and warrant that you own all parts of your User Content or you have all rights, releases and permissions that are necessary to grant us the license rights in your User Content under these Terms. By including or otherwise depicting any third party in your User Content, you represent and warrant that you have obtained any and all necessary rights, permission and/or releases required to: (i) include or otherwise depict such third party (and, if such third party is a Minor, the consent of the Minor's parent/legal guardian); and (ii) grant Patient Talker the license rights granted by these Terms. Further, you agree to cooperate with Patient Talker, upon its request, in taking any additional action or obtaining any documentation reasonably requested by Patient Talker to effectuate the grant of those rights from such third parties. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the App, nor any use of your User Content by Patient Talker on or through the App will infringe, misappropriate, defame any third party, or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not guarantee that any Content will be made available on and/or through the App. We do not practice editorial control over the content posted by third parties (including User Content).
We reserve the right to, but do not have any obligation to, (i) remove, edit, modify or otherwise manipulate any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms), or for no reason at all and (ii) to remove or block any Content from the App.
As a condition of use, you agree not to use the App for any purpose that is prohibited by these Terms. You agree that you are responsible for your own activities, conduct and User Content while using the App, and for any consequences thereof. Violation of our Terms may result in the termination and cancellation of your Account. You acknowledge and agree that we may terminate any Account at any time for any reason (including, but not limited to, our independent assessment or the receipt of claims or allegations from third parties or authorities).
As part of the functionality of the service, you may record audio using your own device, and then upload the resulting recording to the App. The laws regarding the lawfully recording and notification requirements for the recording of such conversations vary by location. You agree that you are solely responsible for providing any notices to, and obtaining all consents from, individuals whose communications you record or upload to the App, as required by applicable law. We do not control your recording activities and are not responsible for your compliance.
You agree that your use of the App is at your own risk, and that you will not use the App to violate any applicable law, regulation, or instructions as outlined in these Terms and you will not encourage or enable any other individual to do so.
You will not, in connection with your use of the App (including when making or attempting to make any recording or when seeking consent to record an individual), harass, threaten or otherwise violate the legal rights of others. You will not trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be, and will not otherwise engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind. IF YOU HAVE A DISPUTE WITH ANY THIRD PARTY RELATING TO YOUR USE OF THE APP, YOU RELEASE AND AGREE TO INDEMNIFY PATIENT TALKER (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, AND EMPLOYEES) FROM ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
You agree that you shall not, and shall not permit any third party to, (unless applicable law mandates that you be given the right to do so) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the App, including without limitation any User Content, that:
Although Patient Talker is not obligated to monitor access to or use of the App or Content or to review or edit any Content, we have the right to do so for the purpose of operating the App, to ensure compliance with these Terms, to comply with applicable law or other legal requirements, and for any other reason in our sole discretion. We reserve the right to remove or disable access to any Content, at any time and without notice. Patient Talker may remove any Content we consider to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the App. We may also consult and cooperate with law enforcement authorities to prosecute users and others who violate the law.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the App (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the App, (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder, or (vi) use or develop any application that interacts with the App or Content without Patient Talker's written permission. You shall abide by all applicable local, state, national and international laws and regulations.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
If for any reason the App is not running as originally planned (e.g., if it becomes corrupted or does not allow the proper usage, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by users, fraud, technical failures, or any other causes of any kind, in the sole opinion of Patient Talker corrupts or affects the administration, security, fairness, integrity or proper conduct of the App), Patient Talker reserves the right, in its sole discretion, to take any action we deem appropriate.
ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE APP, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY COMPUTER SYSTEM OR APPLICATION, IS A BREACH OF PATIENT TALKER'S TERMS AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.
If you believe that any content, including User Content, or other materials, posted on the App constitutes an infringement of your copyrights, we will respond promptly to any properly submitted notice containing the information detailed below. Pursuant to Title 17, United States Code, Section 512(c)(2), written notifications of claimed copyright infringement should be sent to our Designated Agent at the following contact information: Legal@PatientTalker.com.
To be effective, the notification must be a written communication that includes the following:
It is our policy to terminate the Account of anyone who repeatedly infringes the copyright rights of others.
In the event you are accessing the App via an application on a device provided by Apple, Inc. ("Apple") or an application obtained through the Apple App Store (in either case, an "Apple Store Application"), the following shall apply:
In the event you are accessing the App via an application obtained through Google Play (in either case, a "Play Store Application"), the following shall apply:
App may contain links to third party websites or resources. Patient Talker provides these links only as a convenience and is not responsible for the content, products, or services on or available from those websites or resources, or links displayed on such websites. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. The presence of a link to a third party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third party site. We reserve the right to disable links from or to third party sites. To the extent permitted under applicable law, you acknowledge sole responsibility for and assume all risk arising from, your use of any third party websites or resources.
Patient Talker is not responsible for the availability or quality of your devices or any third party services ("Third Party Resources"), including cell phone networks, hotspots, wireless internet and other services. Such Third Party Resources may affect your ability to utilize the App and you hereby waive and release Patient Talker and any other party involved in creating or delivering the App from all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to such third party services.
In addition, the App may prompt you to establish an account with a third party service provider not owned or operated by us. Your agreement and understanding with any such third party service provider is solely between you and such service provider. We will not be a party to or in any way be responsible for your agreement with such third party service provider. Any disputes you may encounter with such third party service provider shall be settled solely between you and the service provider.
We may suspend or terminate your access to and use of the App, at our sole discretion, at any time and without notice to you, including if (a) you fail to comply with these Terms; (b) we suspect fraud, or misuse by you of Content or App; (c) we suspect any other unlawful activity associated with your Account, or (d) for any reason, in our sole discretion. If your Account is inactive (i.e., not used or logged-into) for a period of time, we will notify you via the App or in the App prior to termination of your Account.
You may terminate your Account at any time directly by emailing us at Legal@PatientTalker.com. Upon termination of the App, your Account, or these Terms, for any reason, the following provisions of these Terms will survive: "Content and Submissions" excluding "Rights Granted to You", "Conduct, General Prohibitions and Enforcement Rights", "Apple Device and Application Terms", "Android Device and Application Terms", "Third Party Services and Resources", "Waiver of Unknown Claims under California Civil Code § 1542", "Disclaimer of Warranties", "Limitation of Liability", "Indemnification", "Governing Law, Arbitration and No Class Actions", "Miscellaneous" and any other provision that provides for itself for survival or which by its nature should survive termination of these Terms.
It is possible that other claims not known to you will develop or be discovered arising from your use of the App, the Content or from the activities discussed throughout these Terms. You acknowledge that your releases, indemnifications and waivers provided under these Terms are expressly intended to cover and include all such claims, including all rights of action therefor. You acknowledge that the claims released in those sections, may include unknown claims, and nevertheless waive California Civil Code § 1542 as to any such unknown claims. California Civil Code § 1542 reads as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
You acknowledge and understand the significance and consequences of this specific waiver of California Civil Code § 1542.
THE APP AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. PATIENT TALKER, AND OUR AFFILIATES AND EACH OF OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, CONTRACTORS, SUPPLIERS, PARTNERS, SUBSIDIARIES AND/OR RELATED COMPANIES DO NOT WARRANT THAT: (I) THE APP WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE APP WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT THE APP MAY EXPERIENCE INTERRUPTIONS, DELAYS, ERRORS, MALFUNCTIONS, OR SHUTDOWNS, AND PATIENT TALKER MAKES NO WARRANTY REGARDING THE AVAILABILITY, RELIABILITY, OR PERFORMANCE OF THE APP. YOUR USE OF THE APP IS SOLELY AT YOUR OWN RISK.
THE APP MAY PROVIDE AUTOMATED OR AI-GENERATED TRANSCRIPTS, SUMMARIES, RECOMMENDATIONS, TRANSLATION, OR OTHER OUTPUTS BASED ON RECORDINGS, OR OTHER INFORMATION YOU PROVIDE. SUCH OUTPUTS MAY BE INACCURATE, INCOMPLETE, MISLEADING, OR MAY OMIT RELEVANT INFORMATION, AND MAY NOT REFLECT THE ACTUAL CONTENT OF ANY UNDERLYING COMMUNICATION. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING AND VERIFYING THE ACCURACY, COMPLETENESS AND APPROPRIATENESS OF ALL TRANSCRIPTS, RECOMMENDATIONS, SUMMARIES AND OTHER OUTPUTS BEFORE RELYING ON THEM FOR ANY PURPOSE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PATIENT TALKER DISCLAIMS ALL LIABILITY ARISING FROM OR RELATED TO YOUR RELIANCE ON ANY SUCH OUTPUTS.
YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION, CONTENT, ANALYSIS, RECOMMENDATIONS, OR OUTPUTS PROVIDED THROUGH THE APP — INCLUDING ANY AUTOMATED OR ARTIFICIAL-INTELLIGENCE-GENERATED FEATURES — ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE MEDICAL OR OTHER PROFESSIONAL ADVICE, DIAGNOSIS, OR TREATMENT. THE APP IS NOT A MEDICAL PROVIDER, AND NO DOCTOR–PATIENT, CLINICIAN–PATIENT, OR OTHER HEALTHCARE RELATIONSHIP IS CREATED BY YOUR USE OF THE APP. YOU UNDERSTAND AND AGREE THAT YOU CANNOT USE THE APP TO ARRANGE, SCHEDULE, MODIFY, OR CANCEL APPOINTMENTS WITH YOUR DOCTOR OR ANY OTHER HEALTHCARE PROVIDER, OR TO COMMUNICATE URGENTLY WITH ANY HEALTHCARE PROVIDER OR EMERGENCY SERVICE. YOU SHOULD NOT RELY ON ANY CONTENT OR OUTPUTS FROM THE APP AS A SUBSTITUTE FOR CONSULTATION WITH A QUALIFIED HEALTHCARE PROFESSIONAL, AND ANY DECISIONS YOU MAKE REGARDING YOUR HEALTH OR MEDICAL CARE ARE MADE AT YOUR OWN RISK.
The views and opinions of the App users are their own and not necessarily representative of the views and opinions of Patient Talker or its officers, directors and/or employees, and Patient Talker assumes no responsibility for the Content, accuracy, or views of or opinions expressed by such App users.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT NEITHER PATIENT TALKER, NOR OUR AFFILIATES AND EACH OF OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, CONTRACTORS, SUPPLIERS, PARTNERS, SUBSIDIARIES AND/OR RELATED COMPANIES WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, DEVICE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE APP OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE APP OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PATIENT TALKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL PATIENT TALKER, AND OUR AFFILIATES AND EACH OF OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, CONTRACTORS, SUPPLIERS, PARTNERS, SUBSIDIARIES AND/OR RELATED COMPANIES BE LIABLE FOR ANY DEVICE (E.G. SMARTPHONES) OPERATING COSTS OR NETWORK CHARGES INCURRED WHILE USING THE APP, OR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE APP, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE APP OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PATIENT TALKER'S RECORDS, PROGRAMS, OR PLATFORM. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, AND SERVICES AVAILABLE THROUGH THE APP. YOU FURTHER AGREE THAT YOU BEAR FULL RESPONSIBILITY FOR ANY HEALTH-RELATED DECISIONS YOU MAKE, AND YOU WILL NOT RELY ON THE APP'S OUTPUTS AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL EVALUATION OR TREATMENT.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE TOTAL LIABILITY OF PATIENT TALKER, AND EACH OF OUR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARTNERS, SUBSIDIARIES AND/OR RELATED COMPANIES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100.00 USD). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PATIENT TALKER AND YOU.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
YOU SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS PATIENT TALKER, AND OUR AFFILIATES AND EACH OF OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, CONTRACTORS, SUPPLIERS, PARTNERS, SUBSIDIARIES AND/OR RELATED COMPANIES FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARISE FROM OR RELATE TO YOUR USE OR MISUSE OF, OR ACCESS TO, THE APP, CONTENT, OR OTHERWISE FROM YOUR USER CONTENT, VIOLATION OF THESE TERMS, OR INFRINGEMENT BY YOU, OR ANY THIRD PARTY USING YOUR ACCOUNT OR IDENTITY IN THE APP, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL ASSIST AND COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
YOUR USE OF THE APP AND ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THE APP, THESE TERMS, OR THE PRIVACY POLICY SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAWS PROVISIONS.
"Disputes" are defined as any dispute, claim or disagreement arising out of or relating in any way to these Terms, Patient Talker relationship with you, or the App. The term "Disputes" is intended to be interpreted broadly. The provisions below describe which Disputes belong in arbitration, small claims court, or a court of general jurisdiction.
Before filing any arbitration demand or small claims action, you agree to first provide Patient Talker with written notice of the Dispute and to engage in good-faith efforts to resolve the Dispute directly with Patient Talker. Such written notice must describe the nature of the Dispute and the relief sought and be sent to legal@PatientTalker.com. You and Patient Talker will use reasonable, good-faith efforts to resolve the Dispute for at least thirty (30) days after Patient Talker receives your notice (or such longer period as you and Patient Talker may agree).
If the Dispute is not resolved through this informal process, you and Patient Talker agree to participate in at least one (1) non-binding mediation session before commencing arbitration. Unless you and Patient Talker agree otherwise, the mediation will be administered by AAA or JAMS (or a similar mediation provider agreed by the parties) and may be conducted by video conference or teleconference. The parties shall share the mediator's fees and administrative costs equally, and each party will bear its own attorneys' fees and other costs in connection with the mediation.
Completion of the informal resolution and mediation process described in this Section 15.3 is a condition precedent to filing any arbitration demand or small claims action relating to a Dispute.
PATIENT TALKER AND YOU AGREE TO ARBITRATE ALL DISPUTES except for the following types of Disputes:
Disputes about whether the Dispute is arbitrable. You and Patient Talker agree that any Disputes arising out of the enforceability, revocability, scope, or validity of this Section 15 (Governing Law, Arbitration and No Class Actions) shall be resolved in a court of competent jurisdiction, not arbitration.
YOU AND WE AGREE THAT ARBITRATION UNDER THIS SECTION 15 WILL, DEPENDING ON THE CIRCUMSTANCE, BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") SUBJECT TO THE AAA'S CONSUMER ARBITRATION RULES THEN IN EFFECT, EXCEPT AS MODIFIED BY THIS SECTION 15. If the AAA is unable or unwilling to administer the arbitration consistent with this Section 15, You and Patient Talker agree that JAMS will administer the arbitration subject to the JAMS Rules and Procedures then in effect, including any Mass Arbitration Procedures and Guidelines applicable to the Dispute, except as modified by this Section 15. You and Patient Talker agree that if JAMS is unable or unwilling to administer the arbitration consistent with this Section 15, and the parties cannot agree on an alternative provider that will do so, then You or Patient Talker may petition a court of competent jurisdiction to appoint an administrator that will do so. The AAA and JAMS rules are available at https://adr.org/Rules and https://www.jamsadr.com/adr-rules-procedures/. You and Patient Talker agree that these Terms evidence a transaction involving interstate commerce and notwithstanding any other provision with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq. and federal arbitration law (not state arbitration law) will govern any proceedings regarding enforcement of this Section 15. Any applicable limitations periods (including statutes of limitations) shall apply in arbitration like in court. You and Patient Talker agree that an arbitral award shall have no preclusive effect in any other proceeding involving other Users. You and Patient Talker (and your and our counsel, if represented) agree to work together in good faith to ensure that arbitration remains efficient and cost-effective for all parties. The arbitrator shall have the authority to award sanctions against parties and their counsel consistent with the standard set forth in Federal Rule of Civil Procedure 11.
SEVERABILITY. YOU AND PATIENT TALKER AGREE TO SEVER ARBITRABLE DISPUTES (WHICH SHALL BE RESOLVED IN ARBITRATION) FROM DISPUTES THAT ARE NOT ARBITRABLE (WHICH SHALL BE RESOLVED IN COURT); YOU AND WE ALSO AGREE THAT IF ANY PROVISION OF THIS SECTION 15 IS FOUND UNENFORCEABLE, THEN THAT PORTION OF THIS SECTION 15 SHALL BE SEVERED AND THE REMAINDER OF THIS SECTION 15 SHALL CONTINUE TO CONTROL.
You and Patient Talker agree that any information exchanged between us in an arbitration may be used solely for that arbitration. You and Patient Talker agree that we may not, for example, use information You or Patient Talker obtained from the other party in one arbitration proceeding in another arbitration proceeding. You and Patient Talker also agree to keep any information exchanged between us in any arbitration proceeding confidential between us, you, your and our attorneys, and the arbitrator. To the extent additional persons require access to information exchanged for purposes of the arbitration, You and Patient Talker agree to negotiate in good faith for the entry of a protective order that will impose similar confidentiality obligations.
Any arbitrator appointed under this Section 15 will be selected by the parties from the AAA or JAMS's roster of arbitrators. If the matter is proceeding before JAMS, then You and Patient Talker agree that the arbitrator shall be appointed in accordance with JAMS's strike and rank process set forth in Rule 15 of the Comprehensive Arbitration Rules & Procedures. If the matter is proceeding before AAA, You and Patient Talker agree that the arbitrator will be appointed through a strike and rank process consistent with the approach taken by JAMS in Rule 15 of the Comprehensive Arbitration Rules & Procedures.
The parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Dispute was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If You or Patient Talker need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys' fees and costs.
YOU AND PATIENT TALKER AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, LITIGATED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION (SUCH AS A MASS ARBITRATION) BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED, LITIGATED, OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Section 15, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Notwithstanding anything to the contrary in this Section 15, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this provision entitled "Waiver of Class and Other Non-Individualized Relief," are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Patient Talker agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in a court of competent jurisdiction in accordance with these Terms. This provision does not prevent You or Patient Talker from participating in a class-wide settlement of claims.
ANY ARBITRATION UNDER THIS SECTION 15 MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES, TO THE EXTENT PERMITTED BY APPLICABLE LAW. YOU AND PATIENT TALKER VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE BETWEEN YOU AND PATIENT TALKER. Unless you and Patient Talker agree otherwise, any in-person arbitration hearing administered by AAA or JAMS under this Section 15 shall take place in Nassau County, New York. The arbitrator may, consistent with the applicable AAA or JAMS rules and in the interests of efficiency and fairness, order that hearings be conducted by video conference, teleconference, or on written submissions. Any suit, action, or proceeding permitted under this Section 15 that is not required to be brought in arbitration shall be brought exclusively in the state or federal courts located in the State of New York, and you and Patient Talker hereby irrevocably consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens or lack of personal jurisdiction that you or we may otherwise have.
The Terms, together with the Privacy Policy, constitute the entire agreement between you and Patient Talker governing your use of the App, superseding any prior agreements between you and Patient Talker with respect to the App.
The provisions of these Terms are intended to be interpreted in a manner which makes them valid, legal and enforceable. The failure of Patient Talker to enforce any right of the provisions in these Terms shall not constitute a waiver of such right or provision. In the event that any provision of these Terms is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal and enforceable. It is expressly understood and agreed that such modification or restriction may be accomplished unilaterally by Patient Talker, or alternatively, by disposition of an arbitrator or a court of law. If such provision cannot under any circumstances be so modified or restricted, it shall be excised from these Terms without affecting the validity, legality or enforceability of any of the remaining provisions.
Neither Patient Talker, any user, nor any other party involved in creating, producing, or delivering the App or Content shall be liable with respect to any damages, injuries, nonperformance or delay in performance by reason of any act of God, weather, fire, flood, acts of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade dispute, or any other cause beyond its respective control.
Any notices or other communications provided by Patient Talker under these Terms will be given: (a) via email; or (b) by posting to the App. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted to any email address you provided.
Patient Talker's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Patient Talker. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
These Terms are not assignable, transferable or sublicensable by you except with our prior written consent. You may not assign or transfer these Terms, by operation of law or otherwise, without Patient Talker's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, is void. Patient Talker may freely assign or transfer these Terms without restriction, and the transferor or assignor shall not remain jointly and severally liable. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
The section and paragraph headings in these Terms are for convenience only and shall not affect their interpretation.
The App is not in any way endorsed, sponsored, administered by, or associated with Apple Inc., Google LLC, Alphabet Inc. or their respective parents, subsidiaries or affiliates.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
When you use the App or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this App. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.
By using the App, you agree that we may provide notice by email to the email addresses associated with your Account and/or by other means of electronic means, including posting a notice within the App or on our website. You may request written notice or withdraw your consent to electronic notice by emailing such request to: Legal@PatientTalker.com
If you have any questions about these Terms or the App, please contact Patient Talker at Support@PatientTalker.com
For more information contact info@PatientTalker.com
Google Play is a trademark of Google LLC.