TOS (Terms of Service)
Your relationship with MEDgle
Your use of MEDgle’s products, software, services and web sites
(referred to collectively as the “Services” in this
document and excluding any services provided to you by MEDgle under a
separate written agreement) is subject to the terms of a legal
agreement between you and MEDgle. “MEDgle” means MEDgle,
whose principal place of business is at 1151 Sonora Court, Suite 2,
Sunnyvale, CA 94086, United States. This document explains how the
agreement is made up, and sets out some of the terms of that
Unless otherwise agreed in writing with MEDgle, your agreement with
MEDgle will always include, at a minimum, the terms and conditions
set out in this document. These are referred to below as the
Your agreement with MEDgle will also include the terms of any Legal
Notices applicable to the Services, in addition to the Universal
Terms. All of these are referred to below as the “Additional
Terms”. Where Additional Terms apply to a Service, these will
be accessible for you to read either within, or through your use of,
The Universal Terms, together with the Additional Terms, form a
legally binding agreement between you and MEDgle in relation to your
use of the Services. It is important that you take the time to read
them carefully. Collectively, this legal agreement is referred to
below as the “Terms”.
If there is any contradiction between what the Additional Terms say
and what the Universal Terms say, then the Additional Terms shall
take precedence in relation to that Service.
Accepting the Terms
In order to use the Services, you must first agree to the Terms. You
may not use the Services if you do not accept the Terms.
You can accept the Terms by:
clicking to accept or agree to the Terms, where this option is made
available to you by MEDgle in the user interface for any Service; or
by actually using the Services. In this case, you understand and
agree that MEDgle will treat your use of the Services as acceptance
of the Terms from that point onwards.
You may not use the Services and may not accept the Terms if (a) you
are not of legal age to form a binding contract with MEDgle, or (b)
you are a person barred from receiving the Services under the laws of
the United States or other countries including the country in which
you are resident or from which you use the Services.
Before you continue, you should print off or save a local copy of the
Universal Terms for your records.
Language of the Terms
Where MEDgle has provided you with a translation of the English
language version of the Terms, then you agree that the translation is
provided for your convenience only and that the English language
versions of the Terms will govern your relationship with MEDgle.
If there is any contradiction between what the English language
version of the Terms says and what a translation says, then the
English language version shall take precedence.
Provision of the Services by MEDgle
MEDgle is constantly innovating in order to provide the best possible
experience for its users. You acknowledge and agree that the form and
nature of the Services which MEDgle provides may change from time to
time without prior notice to you.
As part of this continuing innovation, you acknowledge and agree that
MEDgle may stop (permanently or temporarily) providing the Services
(or any features within the Services) to you or to users generally at
MEDgle’s sole discretion, without prior notice to you. You may
stop using the Services at any time. You do not need to specifically
inform MEDgle when you stop using the Services.
You acknowledge and agree that if MEDgle disables access to your
account, you may be prevented from accessing the Services, your
account details or any files or other content which is contained in
You acknowledge and agree that while MEDgle may not currently have
set a fixed upper limit on the number of transmissions you may send
or receive through the Services or on the amount of storage space
used for the provision of any Service, such fixed upper limits may be
set by MEDgle at any time, at MEDgle’s discretion.
Use of the Services by you
In order to access certain Services, you may be required to provide
information about yourself (such as identification or contact
details) as part of the registration process for the Service, or as
part of your continued use of the Services. You agree that any
registration information you give to MEDgle will always be accurate,
correct and up to date.
You agree to use the Services only for purposes that are permitted by
(a) the Terms and (b) any applicable law, regulation or generally
accepted practices or guidelines in the relevant jurisdictions
(including any laws regarding the export of data or software to and
from the United States or other relevant countries).
You agree not to access (or attempt to access) any of the Services by
any means other than through the interface that is provided by
MEDgle, unless you have been specifically allowed to do so in a
separate agreement with MEDgle. You specifically agree not to access
(or attempt to access) any of the Services through any automated
means (including use of scripts or web crawlers) and shall ensure
that you comply with the instructions set out in any robots.txt file
present on the Services.
You agree that you will not engage in any activity that interferes
with or disrupts the Services (or the servers and networks which are
connected to the Services).
Unless you have been specifically permitted to do so in a separate
agreement with MEDgle, you agree that you will not reproduce,
duplicate, copy, sell, trade or resell the Services for any purpose.
You agree that you are solely responsible for (and that MEDgle has no
responsibility to you or to any third party for) any breach of your
obligations under the Terms and for the consequences (including any
loss or damage which MEDgle may suffer) of any such breach.
Any breach of the agreement(s) on the MEDgle website will nullify
your account and all information inserted by you will be completely
removed and documented to be removed. A notice will be sent to you
and the proper authorities for any breach in your contract.
Your passwords and account security
You agree and understand that you are responsible for maintaining the
confidentiality of passwords associated with any account you use to
access the Services.
Accordingly, you agree that you will be solely responsible to MEDgle
for all activities that occur under your account.
If you become aware of any unauthorized use of your password or of
your account, you agree to notify MEDgle immediately at support link:
Privacy and your personal information
For information about MEDgle’s data protection practices,
This policy explains how MEDgle treats your personal information, and
protects your privacy, when you use the Services.
You agree to the use of your data in accordance with MEDgle’s
privacy policies and in accordance with current U.S. laws.
You acknowledge that a notice of Privacy Practices was offered to
Content in the Services
You understand that all information (such as data files, written
text, computer software, music, audio files or other sounds,
photographs, videos or other images) which you may have access to as
part of, or through your use of, the Services are the sole
responsibility of the person from which such content originated. All
such information is referred to below as the “Content”.
You should be aware that Content presented to you as part of the
Services, including but not limited to advertisements in the Services
and sponsored Content within the Services may be protected by
intellectual property rights which are owned by the sponsors or
advertisers who provide that Content to MEDgle (or by other persons
or companies on their behalf). You may not modify, rent, lease, loan,
sell, distribute or create derivative works based on this Content
(either in whole or in part) unless you have been specifically told
that you may do so by MEDgle or by the owners of that Content, in a
MEDgle reserves the right (but shall have no obligation) to
pre-screen, review, flag, filter, modify, refuse or remove any or all
Content from any Service. For some of the Services, MEDgle may
provide tools to filter out explicit sexual content. In addition,
there are commercially available services and software to limit
access to material that you may find objectionable.
You understand that by using the Services you may be exposed to
Content that you may find offensive, indecent or objectionable and
that, in this respect, you use the Services at your own risk.
You agree that you are solely responsible for (and that MEDgle has no
responsibility to you or to any third party for) any Content that you
create, transmit or display while using the Services and for the
consequences of your actions (including any loss or damage which
MEDgle may suffer) by doing so.
You acknowledge and agree that MEDgle (or MEDgle’s licensors)
own all legal right, title and interest in and to the Services,
including any intellectual property rights which subsist in the
Services (whether those rights happen to be registered or not, and
wherever in the world those rights may exist). You further
acknowledge that the Services may contain information which is
designated confidential by MEDgle and that you shall not disclose
such information without MEDgle’s prior written consent.
Unless you have agreed otherwise in writing with MEDgle, nothing in
the Terms gives you a right to use any of MEDgle’s trade names,
trade marks, service marks, logos, domain names, and other
distinctive brand features.
Other than the limited license set forth in Section 11, MEDgle
acknowledges and agrees that it obtains no right, title or interest
from you (or your licensors) under these Terms in or to any Content
that you submit, post, transmit or display on, or through, the
Services, including any intellectual property rights which subsist in
that Content (whether those rights happen to be registered or not,
and wherever in the world those rights may exist). Unless you have
agreed otherwise in writing with MEDgle, you agree that you are
responsible for protecting and enforcing those rights and that MEDgle
has no obligation to do so on your behalf.
You agree that you shall not remove, obscure, or alter any
proprietary rights notices (including copyright and trade mark
notices) which may be affixed to or contained within the Services.
Unless you have been expressly authorized to do so in writing by
MEDgle, you agree that in using the Services, you will not use any
trade mark, service mark, trade name, logo of any company or
organization in a way that is likely or intended to cause confusion
about the owner or authorized user of such marks, names or logos.
License from MEDgle
MEDgle gives you a personal, worldwide, royalty-free, non-assignable
and non-exclusive license to use the software provided to you by
MEDgle as part of the Services as provided to you by MEDgle (referred
to as the “Software” below). This license is for the sole
purpose of enabling you to use and enjoy the benefit of the Services
as provided by MEDgle, in the manner permitted by the Terms.
You may not (and you may not permit anyone else to) copy, modify,
create a derivative work of, reverse engineer, decompile or otherwise
attempt to extract the source code of the Software or any part
thereof, unless this is expressly permitted or required by law, or
unless you have been specifically told that you may do so by MEDgle,
Unless MEDgle has given you specific written permission to do so, you
may not assign (or grant a sub-license of) your rights to use the
Software, grant a security interest in or over your rights to use the
Software, or otherwise transfer any part of your rights to use the
Content license from you
You retain copyright and any other rights you already hold in Content
which you submit, post or display on or through, the Services. By
submitting, posting or displaying the content you give MEDgle a
perpetual, irrevocable, worldwide, royalty-free, and non-exclusive
license to reproduce, adapt, modify, translate, publish, publicly
perform, publicly display and distribute any Content which you
submit, post or display on or through, the Services. This license is
for the sole purpose of enabling MEDgle to display, distribute and
promote the Services and may be revoked for certain Services as
defined in the Additional Terms of those Services.
Content is considered to be health information that you provide
You agree that this license includes a right for MEDgle to make such
Content available to other companies, organizations or individuals
with whom MEDgle has relationships for the provision of syndicated
services, and to use such Content in connection with the provision of
You understand that MEDgle, in performing the required technical
steps to provide the Services to our users, may (a) transmit or
distribute your Content over various public networks and in various
media; and (b) make such changes to your Content as are necessary to
conform and adapt that Content to the technical requirements of
connecting networks, devices, services or media. You agree that this
license shall permit MEDgle to take these actions.
You confirm and warrant to MEDgle that you have all the rights, power
and authority necessary to grant the above license.
The Software which you use may automatically download and install
updates from time to time from MEDgle. These updates are designed to
improve, enhance and further develop the Services and may take the
form of bug fixes, enhanced functions, new software modules and
completely new versions. You agree to receive such updates (and
permit MEDgle to deliver these to you) as part of your use of the
Ending your relationship with MEDgle
The Terms will continue to apply until terminated by either you or
MEDgle as set out below.
If you want to terminate your legal agreement with MEDgle, you may do
so by (a) notifying MEDgle at any time and (b) closing your accounts
for all of the Services which you use, where MEDgle has made this
option available to you. Your notice should be sent, in writing, to
MEDgle’s address which is set out at the beginning of these
MEDgle may at any time, terminate its legal agreement with you if:
you have breached any provision of the Terms (or have acted in manner
which clearly shows that you do not intend to, or are unable to
comply with the provisions of the Terms); or
MEDgle is required to do so by law (for example, where the provision
of the Services to you is, or becomes, unlawful); or
the partner with whom MEDgle offered the Services to you has
terminated its relationship with MEDgle or ceased to offer the
Services to you; or
MEDgle is transitioning to no longer providing the Services to users
in the country in which you are resident or from which you use the
the provision of the Services to you by MEDgle is, in MEDgle’s
opinion, no longer commercially viable.
Nothing in this Section shall affect MEDgle’s rights regarding
provision of Services under Section 4 of the Terms.
When these Terms come to an end, all of the legal rights, obligations
and liabilities that you and MEDgle have benefited from, been subject
to (or which have accrued over time whilst the Terms have been in
force) or which are expressed to continue indefinitely, shall be
unaffected by this cessation, and the provisions of paragraph 20.7
shall continue to apply to such rights, obligations and liabilities
EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE
OR LIMIT MEDgle’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY
NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR
DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED
TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE
LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU
AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS
AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS"
AND “AS AVAILABLE.”
IN PARTICULAR, MEDgle, ITS SUBSIDIARIES AND AFFILIATES, AND ITS
LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR
FREE FROM ERROR,
ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE
SERVICES WILL BE ACCURATE OR RELIABLE, AND
THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE
PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER
DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM MEDgle OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TERMS.
MEDgle FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO
THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY
UNDERSTAND AND AGREE THAT MEDgle, ITS SUBSIDIARIES AND AFFILIATES,
AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY
DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY
THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY
LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF
GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE
ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT
LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE
OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION
BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS
ON THE SERVICES;
ANY CHANGES WHICH MEDgle MAY MAKE TO THE SERVICES, OR FOR ANY
PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR
ANY FEATURES WITHIN THE SERVICES);
THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND
OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH
YOUR USE OF THE SERVICES;
YOUR FAILURE TO PROVIDE MEDgle WITH ACCURATE ACCOUNT INFORMATION;
YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND
THE LIMITATIONS ON MEDgle’S LIABILITY TO YOU IN PARAGRAPH 15.1
ABOVE SHALL APPLY WHETHER OR NOT MEDgle HAS BEEN ADVISED OF OR SHOULD
HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Copyright and trade mark policies
It is MEDgle’s policy to respond to notices of alleged
copyright infringement that comply with applicable international
intellectual property law (including, in the United States, the
Digital Millennium Copyright Act) and to terminating the accounts of
Some of the Services are supported by advertising revenue and may
display advertisements and promotions. These advertisements may be
targeted to the content of information stored on the Services,
queries made through the Services or other information.
The manner, mode and extent of advertising by MEDgle on the Services
are subject to change without specific notice to you.
In consideration for MEDgle granting you access to and use of the
Services, you agree that MEDgle may place such advertising on the
Services. Advertising does not look at your search terms.
The Services may include hyperlinks to other web sites or content or
resources. MEDgle may have no control over any web sites or resources
which are provided by companies or persons other than MEDgle.
You acknowledge and agree that MEDgle is not responsible for the
availability of any such external sites or resources, and does not
endorse any advertising, products or other materials on or available
from such web sites or resources.
You acknowledge and agree that MEDgle is not liable for any loss or
damage which may be incurred by you as a result of the availability
of those external sites or resources, or as a result of any reliance
placed by you on the completeness, accuracy or existence of any
advertising, products or other materials on, or available from, such
web sites or resources.
Changes to the Terms
MEDgle may make changes to the Universal Terms or Additional Terms
from time to time. When these changes are made, MEDgle will make a
new copy of the Universal Terms available at MEDgle
Terms of Service
and any new Additional Terms will be made available to you from
within, or through, the affected Services.
You understand and agree that if you use the Services after the date
on which the Universal Terms or Additional Terms have changed, MEDgle
will treat your use as acceptance of the updated Universal Terms or
General legal terms
Sometimes when you use the Services, you may (as a result of, or
through your use of the Services) use a service or download a piece
of software, or purchase goods, which are provided by another person
or company. Your use of these other services, software or goods may
be subject to separate terms between you and the company or person
concerned. If so, the Terms do not affect your legal relationship
with these other companies or individuals.
The Terms constitute the whole legal agreement between you and MEDgle
and govern your use of the Services (but excluding any services which
MEDgle may provide to you under a separate written agreement), and
completely replace any prior agreements between you and MEDgle in
relation to the Services.
You agree that MEDgle may provide you with notices, including those
regarding changes to the Terms, by email, regular mail, or postings
on the Services.
You agree that if MEDgle does not exercise or enforce any legal right
or remedy which is contained in the Terms (or which MEDgle has the
benefit of under any applicable law), this will not be taken to be a
formal waiver of MEDgle’s rights and that those rights or
remedies will still be available to MEDgle.
If any court of law, having the jurisdiction to decide on this
matter, rules that any provision of these Terms is invalid, then that
provision will be removed from the Terms without affecting the rest
of the Terms. The remaining provisions of the Terms will continue to
be valid and enforceable.
You acknowledge and agree that each member of the group of companies
of which MEDgle is the parent shall be third party beneficiaries to
the Terms and that such other companies shall be entitled to directly
enforce, and rely upon, any provision of the Terms which confers a
benefit on (or rights in favor of) them. Other than this, no other
person or company shall be third party beneficiaries to the Terms.
The Terms, and your relationship with MEDgle under the Terms, shall
be governed by the laws of the State of California without regard to
its conflict of laws provisions. You and MEDgle agree to submit to
the exclusive jurisdiction of the courts located within the county of
Santa Clara, California to resolve any legal matter arising from the
Terms. Notwithstanding this, you agree that MEDgle shall still be
allowed to apply for injunctive remedies (or an equivalent type of
urgent legal relief) in any jurisdiction.