EULA

IMPORTANT NOTICES

WELCOME TO THE MEDIATELY SOFTWARE’S END USER LICENSE AGREEMENT. PLEASE READ THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE USING THIS SOFTWARE PRODUCT.

End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Modra Jagoda d.o.o., company registered in Slovenia under company number: 6071805000 with business address Šmartinska cesta 53, 1000 Ljubljana ("Licensor", "we"), for the Licensor’s software product Mediately application software (“SOFTWARE PRODUCT”). The SOFTWARE PRODUCT includes all associated software components, media, printed materials, and “online” or electronic documentation, if and when made available us. By using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT. 

IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MUST IMMEDIATELY STOP USING AND UNINSTALL THIS SOFTWARE  PRODUCT.

1. Grant of License 

1.1 We license the use of the SOFTWARE PRODUCT to you on the basis of this EULA. We do not sell the SOFTWARE PRODUCT to you. We remain the owners of the SOFTWARE PRODUCT at all times.

1.2 The SOFTWARE PRODUCT is licensed as follows:

(a) Requirements for use: Parts of this SOFTWARE PRODUCT are intended for use only by medical professionals. You must be authorized to prescribe prescription drugs or dispense medication in order to gain access to and use these parts of the SOFTWARE PRODUCT.

(b) Installation and Use: Subject to your compliance with these Terms (including any other applicable terms and conditions), Licensor grants you a license to install and use copies of the SOFTWARE PRODUCT on your mobile device. This license is non-exclusive and non-transferable. This License does not grant any rights to obtaining future upgrades, updates or supplements of the SOFTWARE PRODUCT. If upgrades, updates or supplements of the SOFTWARE PRODUCT are obtained, however, the use of such upgrades or updates is governed by this EULA and any amendments to it unless other terms accompany the upgrades, updates or supplements in which case those terms apply.

2. Member account / password and security

2.1 You must complete our registration process in order to use any version of our SOFTWARE PRODUCT. Registration counts as completed when you provide us with current, complete and accurate information as prompted by the registration form. You will also choose a password and a username and you are entirely responsible for maintaining the confidentiality of your password and account information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately in case of any unauthorized activities on your account or in case of any breach of security, otherwise you could be held liable for losses incurred to us due to someone else using your account.

3. Versions of the SOFTWARE PRODUCT

3.1 Once you have successfully completed your registration, you can choose from two versions of the SOFTWARE PRODUCT, namely:

(a) free version of our SOFTWARE PRODUCT;

(b) payable version of our SOFTWARE PRODUCT (“Mediately PRO”), which offers access to additional features of the SOFTWARE PRODUCT, not available within its free version.

4. Trial Subscription

4.1 There is an option of a free, no-obligation seven day trial access to the Mediately PRO version at no charge. 

4.2 If you choose to use the seven day trial access to the Mediately PRO option all benefits of the Mediately PRO are available to you until the end of the free trial period, when you can, if you so choose, start your paid subscription and continue to use all features of Mediately PRO. 

4.3 While you will not be charged for your free trial, at the end of this trial period, the subscription plan will, with prior notice, be automatically upgraded to the payable (monthly or yearly) Mediately  PRO subscription, unless you cancel your subscription twenty four (24) hours before the end of the free trial period.  A valid credit card is required for access to trial access.

5. Payment method

5.1 Mediately PRO can be purchased in the SOFTWARE PRODUCT at your own convenience. A valid credit card is required for payment of the subscription fees. You can find current prices and offers both in the app store of the app store provider from whose platform you downloaded the SOFTWARE PRODUCT as well as in your SOFTWARE PRODUCT by opening the SOFTWARE PRODUCT ’s Settings tab and selecting Subscribe to the Mediately PRO, where you also can choose between a monthly and yearly subscription plan. 

5.2 You acknowledge and agree that all billing and transaction processes are handled by the app store provider from whose platform you downloaded the SOFTWARE PRODUCT and are governed by the app store provider's terms and conditions/EULA. If you have any payment related issues, then you need to contact the app store provider directly.

6. Fee increase 

6.1 We reserve the right to increase fees for any services, upon thirty (30) days’ prior written notice, effective as of the start date of your subsequent subscription period.

7. Renewal and cancellation

7.1 Your subscription to the Mediately PRO will automatically renew at the end of the applicable (monthly or yearly) subscription period, unless you cancel your paid subscription twenty four (24) hours before the end of the (then-current) subscription period. 

7.2 You can cancel your paid subscription in your SOFTWARE PRODUCT’s Settings tab, or within app store of the app store provider from whose platform you downloaded the SOFTWARE PRODUCT, depending on your operating system. For more details please follow instructions on how to cancel your subscription for iOS users and for Android users. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of the SOFTWARE PRODUCT. Refunds and credits are provided by Apple and Google, depending on their terms of use. User data will not be affected by downgrading to the free version of the application.

8. Rules of use of mediately ai support tool 

8.1 Third-Party Disclaimer. It is important to understand that Mediately AI Support Tool (“AI Support Tool”) relies on advanced artificial intelligence technology. That means that AI Support Tool is not developed by us, nor were we otherwise involved in its development, so it is that both we and you must follow the Terms and Conditions provided by AI technology provider we use. If you would like to find out which AI technology provider we currently use, please contact us at support@mediately.com

8.2 Technology Disclaimer. While we endeavour to provide accurate and useful output, by using the AI Support Tool you acknowledge the limitations and responsibilities associated with using AI technology. Output provided by AI Support Tool is generated by AI algorithms and is based on vast datasets and machine learning. The output you receive is the result of AI technology, not human expertise.

8.3 New Technology. AI technology is a new and untested technology that is rapidly advancing, but not yet fully accurate, making it susceptible to errors in its usage.

8.4 Not Professional Advice. The output provided by AI Support Tool is for informational and educational purposes only and should not be construed as professional advice of any kind. It is essential for you to recognize that the output provided by AI Support Tool does not constitute providing medical advice and it is not a substitute for consultation with qualified medical professionals, diagnosis, treatment, or medical decision-making. The output obtained by the use of the AI Support Tool should not be used for diagnosing or treating a health problem or disease.

8.5 No Human Verification. The outputs of AI Support Tool have not been individually verified or reviewed by human experts. While we make every effort to ensure the AI Support Tool is well-trained and accurate, it is essential for you to understand that the output is provided algorithmically and may not have undergone human oversight or verification. Therefore, it should be treated as computer-generated output and used with appropriate caution.

8.6 Data Collection. We are committed to protecting your privacy. While we do not collect personal data, please note that interactions with AI Support Tool may be logged and monitored for quality and security purposes. For more detailed information on our data practices, refer to our Privacy Policy.

8.7 Ownership. AI technology provider retains ownership of the underlying AI model, its associated rights, and the proprietary technology used in AI Support Tool. You must respect AI technology provider’s intellectual property rights and adhere to AI technology provider’s Terms and Conditions.

8.8 As-Is Basis. The use of AI Support Tool is provided "as-is" and "as available." We make no representations or warranties of any kind, either expressed or implied, regarding the accuracy, reliability, or suitability of the output generated by AI Support Tool. You must recognize the inherent limitations and uncertainties associated with AI-generated output.

8.9 Technical Limitations. The performance and provided output of the AI Support Tool are determined by the capabilities and limitations of the underlying AI technology. While advanced, AI technology may not always provide contextually appropriate or medically precise output. 

8.10 Limitation of Liability. To the fullest extent permitted by applicable law, in no event shall we, our affiliates, or our respective directors, officers, employees, or agents be liable for any direct, indirect, incidental, consequential, special, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising out of the use of or inability to use AI Support Tool, even if we have been advised of the possibility of such damages.

8.11 Indemnification. By using AI Support Tool you agree to indemnify and hold us harmless from any claims, losses, liabilities, and expenses (including attorney's fees) arising out of your use or misuse of AI Support Tool.

8.12 Non-Exclusivity. This disclaimer of warranties and limitation of liability is not exclusive and shall not be deemed to exclude any other disclaimers or limitations of liability that may be required by applicable law.

8.13 Risk Assumption. By using AI Support Tool you acknowledge that you understand and accept the inherent risks associated with relying on output, generated by AI technology. 

8.14 No Professional Relationship. Nothing in this section or this EULA creates a professional-client or fiduciary relationship between you and us.

9. Intellectual property rights

9.1 You acknowledge that all intellectual property rights in the SOFTWARE PRODUCT and all belonging documents anywhere in the world belong to Licensor, that rights in the SOFTWARE PRODUCT are licensed (not sold) to you, and that you have no rights in, or to, the SOFTWARE PRODUCT other than the right to use them in accordance with the terms of this EULA.

9.2 You acknowledge that you have no right to have access to the Software source code form.

10. Description of other rights and limitations

10.1 Except as expressly set out in this EULA or as permitted by any local law, you undertake:

(a) not to copy the SOFTWARE PRODUCT except where such copying is incidental to normal use of the SOFTWARE PRODUCT, or where it is necessary for the purpose of back-up or operational security;

(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the SOFTWARE PRODUCT;

(c) not to make alterations to, or modifications of, the whole or any part of the SOFTWARE PRODUCT, nor permit the SOFTWARE PRODUCT or any part of it to be combined with, or become incorporated in, any other programs;

(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the SOFTWARE PRODUCT nor attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving interoperability of the SOFTWARE PRODUCT with another software program, and provided that the information obtained by you during such activities:

(i) is used only for the purpose of achieving interoperability of the SOFTWARE PRODUCT with another software program; and

(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and

(iii) is not used to create any software which is substantially similar to our SOFTWARE PRODUCT;

(e) to ensure that the SOFTWARE PRODUCT is used by you in accordance with the terms of this EULA;

(f) to include our copyright notice on all entire and partial copies you make of the SOFTWARE PRODUCT on any medium;

(g) not to provide or otherwise make available the SOFTWARE PRODUCT in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any other person other than yourself  without prior written consent from us;

(h) to comply with all applicable technology control or export laws and regulations.

11. Support services

11.1 Licensor may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. 

12. Privacy policy

12.1 We know your personal information is important to you, so it’s important to us too. By using our SOFTWARE PRODUCT, you are also agreeing that we can process your information in accordance with our Privacy Policy, so please read it here.

13. Termination 

13.1 You agree that we may, in our sole discretion, at any time for any reason or no reason, terminate this EULA, including if we believe that you have violated or acted inconsistently with the letter or spirit of this EULA. On termination for any reason:

(a) all rights granted to you under this EULA shall cease;

(b) you must immediately cease all activities authorized by this EULA; and

(c) you must immediately and permanently delete or remove the SOFTWARE PRODUCT from every equipment in your possession, and immediately destroy all copies of the SOFTWARE PRODUCT then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.

13.2 If you purchased a subscription for Mediately PRO and this EULA is terminated through no fault of your own, we shall, by the method you used for payment, refund you the proportionate amount of fees. 

14. We are not responsible for other websites you link to

14.1 The SOFTWARE PRODUCT may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). 

14.2 You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them. 

15. No warranties

15.1 Licensor expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Licensor does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. Licensor makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Licensor further expressly disclaims any warranty or representation to Authorized Users or to any third party.

16. Limitation of liability

16.1 You acknowledge that the SOFTWARE PRODUCT has not been developed to meet your individual requirements, including any particular cybersecurity requirements you might be subject to under law or otherwise. It is therefore your responsibility to ensure that the facilities and functions of the SOFTWARE PRODUCT meet your requirements.

16.2 We only supply the SOFTWARE PRODUCT and for internal use by you, and you agree not to use the Software or Documents for any resale purposes.

16.3 We will not be liable to you for any loss or damage, whether in contract breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use SOFTWARE PRODUCT. In particular, we will not be liable for:

(a) loss of profits, sales, business, or revenue;

(b) business interruption;

(c) loss of anticipated savings;

(d) loss of business opportunity, goodwill or reputation; or

(e) any indirect or consequential loss or damage.

16.4 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors and for fraud or fraudulent misrepresentation.

15. Consumer clause

15.1 If you are a consumer, i.e. a natural person, acquiring and/or using our services for purposes outside your professional or gainful activity, the clauses  8.10, 15, and 16do not apply to for you and instead provisions of this article 17  apply. 

15.2 Please note that our SOFTWARE PRODUCT is intended for domestic personal use. You agree that you will not use the SOFTWARE PRODUCT for commercial or business purposes and that we have no liability to you in the event of loss of profit, business, the suspension of business activities or loss of business opportunities.

15.3 If you are a consumer you have the right to within 14 days withdraw from the contract. In this case, you are not obliged to state the reasons for your decision. The withdrawal period shall begin on the day of purchase of your subscription to Mediately Pro. To request a refund visit the webpage of the platform where you made the purchase. If you have made the purchase on iOS, visit the Apple webpage here. If you have made the purchase on Android visit the Google webpage here.

15.4 Pursuant to provisions of applicable legislation on protection of consumers, we grant you our guarantee of conformity of our SOFTWARE PRODUCT and its updates to the subjective and the objective requirements for conformity.

15.5 In case of any nonconformances of our SOFTWARE PRODUCT you can submit a complaint via e-mail to support@mediately.com. The complaint procedure is confidential. After the submission, we will send you an acknowledgment of receipt within 10 working days and inform you of the estimated duration of the complaint procedure. We will keep you informed of the process. 

15.6 We will determine if claimed nonconformances exist and requirements are met, then offer you remedies for a lack of conformity. If these conditions are met, you may primarily request we restore SOFTWARE PRODUCT free of charge within a reasonable time of receiving your notice. If  the restoration of SOFTWARE PRODUCT is not a viable option, you have in accordance with applicable legislation on protection of consumers the right to demand a partial or whole refund and may demand compensation for damages ensued.

15.7 We would like to inform you that we do not recognize any provider of out-of-court settlement of consumer disputes. As a provider of online purchases in the territory of the Republic of Slovenia, we are publishing an electronic link to the platform for online resolution of consumer disputes ("SPRS platform"), available on the following link http://ec.europa.eu/odr

18. Healthcare disclaimer

18.1 The SOFTWARE PRODUCT is intended for educational and informational purposes only and does not constitute providing medical advice or professional services. The information obtained by the use of the SOFTWARE PRODUCT is not a substitute for any kind of professional advice. The information obtained by the use of the SOFTWARE PRODUCT should not be used for diagnosing or treating a health problem or disease.

19. Communication between us

19.1 We may update the terms of this EULA at any time on notice to you in accordance with this Provision 19. Your continued use of the SOFTWARE PRODUCT following the deemed receipt and service of the notice under Provision 19.2 shall constitute your acceptance to the terms of this EULA, as varied. If you do not wish to accept the terms of the EULA (as varied) you must immediately stop using and accessing the Software and Document on the deemed receipt and service of the notice.

19.2 If we have to contact you, we will do so by email address you provided in accordance with your order for or registration of the SOFTWARE PRODUCT.

20. Miscellaneous

20.1 We may transfer our rights and obligations under this EULA to another person, but this will not affect your rights or our obligations under this EULA.

20.2 You may only transfer your rights or your obligations under this EULA to another person if we agree in writing.

20.3 This EULA and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this EULA or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this License or any document expressly referred to in it.

20.4 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

20.5 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

20.6 This EULA and any disputes or claims arising from it are governed by the Slovenian law. We both irrevocably agree to the exclusive jurisdiction of the courts of Slovenia.

Last updated 5.3.2024.

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