DO NOT SIGN THIS CONTRACT UNLESS YOU HAVE READ,
UNDERSTAND, AND AGREE TO ITS TERMS.

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The undersigned and Biogastrex, LLC hereby agree as follows:

• 1.Download and Use. Biogastrex agrees to provide undersigned the ability to download the App. Furthermore, upon downloading the App, the undersigned is extended a limited, revocable non-assignable license to use the App, subject to the following material conditions:
  • a.The app may only be used for personal medical documentation purposes.
  • b.The undersigned is prohibited from further distributing the App or allowing any person other than the undersigned to use the App.
  • c.The undersigned is prohibited from copying, transferring, disseminating, accessing, or appropriating the design, code, and other technical or creative aspects of the App which are, and at all times shall remain, the exclusive intellectual and personal property of Biogastrex, LLC.
  • d.The undersigned shall at no time have any ownership interest in the App in any way or the contents thereof, whether native to the App or inputted by the undersigned or anyone else.
  • e.In order to protect the undersigned’s privacy, no personally identifiable information should be entered into the app. DO NOT USE AS YOUR EMAIL ADDRESS, ANY EMAIL ADDRESS KNOWN PUBLICLY TO BE ASSOCIATED WITH YOU, OR WHICH CONTAINS YOUR NAME OR OTHER PERSONALLY IDENTIFIABLE INFORMATION.

• INITIAL:

• 2.Acknowledgments. The following acknowledgments form a material part of this contract. The parties stipulate to the following for all purposes including for any dispute ever arising between them.
  • a.This App is designed to facilitate the organization of medical information by you, so that you may keep track of the same for yourself and from time to time communicate medical information to your physician(s) and other. This app is only a documentation tool.
  • b.This App is neither a diagnostic test nor a therapeutic modality. That is, the App does not attempt to provide you any treatment. The information in the App generally IS NOT MONITORED on an ongoing basis by Biogastrex, Gastrocare PC, Dr. A. B. Reddy, or anyone else. To communicate with your physician, you need to see your physician directly or through his/her office. DO NOT RELY ON INFORMATION YOU PUT IN THE APP to be communicated to your physician; it will not be. This App does not form any part of your physician(s)’ medical duty to you and he/they are not responsible for any specific health or medical needs that may require medical supervision and are not liable for any damages or negative consequences from any treatment, action, application or preparation, to any person reading or using the information and features in this app.
  • c.This app aims to protect the privacy of the users of this app and the information they input into the app. However, BioGastrex LLC, Dr. Reddy and GastroCare PC take no responsibility or liability for the potential dispersal of personal or private information input by the user of the app into the app’s database. Protective measures will be taken to prevent any breach or leak of private information, but in the case that private or personal information which has been supplied to the app by the user is leaked or accessed by a third party, the user of the app claims full responsibility for the repercussions of such an incident.

• INITIAL:

• 3.For any action or dispute relating to this Contract or the App including without limitation where any allegation in such action or .dispute involves personal injury or medical malpractice related to use of the App, THE PARTIES HEREBY VOLUNTARILY WAIVE ALL RIGHT TO A JURY TRIAL and agree instead that any such dispute, if in court, would be resolved by a judge only
  • a.The exclusive venue for any action related to this Contract or the App including without limitation where any allegation in such action or dispute involves personal injury or medical malpractice related to use of the App shall be in Tuscaloosa County, Alabama.
  • b.For any action or dispute relating to this Contract or the App including without limitation where any allegation in such action or dispute involves personal injury or medical malpractice related to use of the App, the law of the State of Alabama shall be controlling on all matters.
• 4.Intended Third Party Beneficiaries. This contract is between Biogastrex, LLC and the undersigned. Furthermore, its benefits and terms are expressly intended to inure to the benefit of third party beneficiaries including, but not limited to, GastroCare, PC (including its successors, assigns, affiliates, owners, employees, directors, medical providers, and contractors), Dr. A. B. Reddy, and all your medical providers now and in the future.
• 5.Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the App and is a complete and final integration thereof with respect to its subject matter. All prior understandings and agreements, whether written or oral, between and among the parties are merged into this Agreement, which alone fully and completely expresses their understandings. No representation, warranty, or covenant made by either party which is not contained in this Agreement or expressly referred to herein has been relied on by the other party in entering into this Agreement.

By using the app and signing below you acknowledge that:

YOU HAVE READ, UNDERSTAND, AND AGREE TO THIS CONTRACT.

YOU AGREE NOT TO INPUT ANY PERSONALLY IDENTIFIABLE INFORMATION INTO THE APP.

YOU AGREE NOT TO RELY ON THE APP IN ANY WAY AS A TREATMENT TOOL OR TO COMMUNICATE INFORMATION TO YOUR PHYSICIAN(S).