Last updated June 12, 2021
Physician App is licensed to You (End-User) by Elastic Solutions Inc, located at
23016 Lake Forest Drive, Suite D # 309, Laguna Hills, California 92653, United
States (hereinafter: Licensor), for use only under the terms of this License
By downloading the Application from the Apple AppStore, and any update thereto
(as permitted by this License Agreement), You indicate that You agree to be bound
by all of the terms and conditions of this License Agreement, and that You accept
this License Agreement.
The parties of this License Agreement acknowledge that Apple is not a Party to
this License Agreement and is not bound by any provisions or obligations with
regard to the Application, such as warranty, liability, maintenance and support
thereof. Elastic Solutions Inc, not Apple, is solely responsible for the licensed
Application and the content thereof.
This License Agreement may not provide for usage rules for the Application that
are in conflict with the latest App Store Terms of Service. Elastic Solutions Inc
acknowledges that it had the opportunity to review said terms and this License
Agreement is not conflicting with them.
All rights not expressly granted to You are reserved.

Physician App (hereinafter: Application) is a piece of software created to Provide
secure HIPPA clinical communication & collaboration - and customized for Apple
mobile devices. It is used to Provide real time secure communication.
The Application is not tailored to comply with industry-specific regulations (Health
Insurance Portability and Accountability Act (HIPAA), Federal Information Security
Management Act (FISMA), etc.), so if your interactions would be subjected to such
laws, you may not use this Application. You may not use the Application in a way
that would violate the Gramm-Leach-Bliley Act (GLBA).

2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to
install and use the Licensed Application on any Apple-branded Products that You
(End-User) own or control and as permitted by the Usage Rules set forth in this
section and the App Store Terms of Service, with the exception that such licensed
Application may be accessed and used by other accounts associated with You
(End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This license will also govern any updates of the Application provided by
Licensor that replace, repair, and/or supplement the first Application, unless a
separate license is provided for such update in which case the terms of that new
license will govern.
2.3 You may not share or make the Application available to third parties (unless to
the degree allowed by the Apple Terms and Conditions, and with SpaceX
Networks Inc's prior written consent), sell, rent, lend, lease or otherwise
redistribute the Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile,
integrate, remove, modify, combine, create derivative works or updates of, adapt,
or attempt to derive the source code of the Application, or any part thereof (except
with Elastic Solutions Inc's prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and
the Usage Rules) or alter the Application or portions thereof. You may create and
store copies only on devices that You own or control for backup keeping under the
terms of this license, the App Store Terms of Service, and any other terms and
conditions that apply to the device or software used. You may not remove any
intellectual property notices. You acknowledge that no unauthorized third parties
may gain access to these copies at any time.
2.6 Violations of the obligations mentioned above, as well as the attempt of such
infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license should be interpreted to restrict third-party terms. When
using the Application, You must ensure that You comply with applicable third-party
terms and conditions.

3.1 Licensor attempts to keep the Application updated so that it complies with
modified/new versions of the firmware and new hardware. You are not granted
rights to claim such an update.
3.2 You acknowledge that it is Your responsibility to confirm and determine that
the app end-user device on which You intend to use the Application satisfies the
technical specifications mentioned above.
3.3 Licensor reserves the right to modify the technical specifications as it sees
appropriate at any time.

4.1 The Licensor is solely responsible for providing any maintenance and support
services for this licensed Application. You can reach the Licensor at the email
address listed in the App Store Overview for this licensed Application.
4.2 Elastic Solutions Inc and the End-User acknowledge that Apple has no
obligation whatsoever to furnish any maintenance and support services with
respect to the licensed Application.

You acknowledge that Licensor will be able to access and adjust Your downloaded
licensed Application content and Your personal information, and that Licensor's
use of such material and information is subject to Your legal agreements with
Licensor and Licensor's privacy policy:

The Application may invite you to chat, contribute to, or participate in blogs,
message boards, online forums, and other functionality, and may provide you with
the opportunity to create, submit, post, display, transmit, perform, publish,
distribute, or broadcast content and materials to us or in the Application, including
but not limited to text, writings, video, audio, photographs, graphics, comments,
suggestions, or personal information or other material (collectively,
"Contributions"). Contributions may be viewable by other users of the Application
and through third-party websites or applications. As such, any Contributions you
transmit may be treated as non-confidential and non-proprietary. When you create
or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and
the accessing, downloading, or copying of your Contributions do not and will
not infringe the proprietary rights, including but not limited to the copyright,
patent, trademark, trade secret, or moral rights of any third party.

You are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the
Application, and other users of the Application to use your Contributions in any
manner contemplated by the Application and these Terms of Use.

You have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or likeness
or each and every such identifiable individual person to enable inclusion and
use of your Contributions in any manner contemplated by the Application and
these Terms of Use.

Your Contributions are not false, inaccurate, or misleading.

Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass mailings,
or other forms of solicitation.

Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as determined by

Your Contributions do not ridicule, mock, disparage, intimidate, or abuse

Your Contributions are not used to harass or threaten (in the legal sense of
those terms) any other person and to promote violence against a specific
person or class of people.

Your Contributions do not violate any applicable law, regulation, or rule.

Your Contributions do not violate the privacy or publicity rights of any third

Your Contributions do not contain any material that solicits personal
information from anyone under the age of 18 or exploits people under the age
of 18 in a sexual or violent manner.

Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of

Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or physical

Your Contributions do not otherwise violate, or link to material that violates,
any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Application in violation of the foregoing violates these Terms of Use
and may result in, among other things, termination or suspension of your rights to
use the Application.

By posting your Contributions to any part of the Application or making
Contributions accessible to the Application by linking your account from the
Application to any of your social networking accounts, you automatically grant, and
you represent and warrant that you have the right to grant, to us an unrestricted,
unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fullypaid,
worldwide right, and license to host, use copy, reproduce, disclose, sell,
resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat,
translate, transmit, excerpt (in whole or in part), and distribute such Contributions
(including, without limitation, your image and voice) for any purpose, commercial
advertising, or otherwise, and to prepare derivative works of, or incorporate in
other works, such as Contributions, and grant and authorize sublicenses of the
foregoing. The use and distribution may occur in any media formats and through
any media channels.
This license will apply to any form, media, or technology now known or hereafter
developed, and includes our use of your name, company name, and franchise
name, as applicable, and any of the trademarks, service marks, trade names,
logos, and personal and commercial images you provide. You waive all moral
rights in your Contributions, and you warrant that moral rights have not otherwise
been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership
of all of your Contributions and any intellectual property rights or other proprietary
rights associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area in the
Application. You are solely responsible for your Contributions to the Application
and you expressly agree to exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or
otherwise change any Contributions; (2) to re-categorize any Contributions to
place them in more appropriate locations in the Application; and (3) to pre-screen
or delete any Contributions at any time and for any reason, without notice. We
have no obligation to monitor your Contributions.


9.1 Licensor warrants that the Application is free of spyware, trojan horses,
viruses, or any other malware at the time of Your download. Licensor warrants that
the Application works as described in the user documentation.
9.2 No warranty is provided for the Application that is not executable on the
device, that has been unauthorizedly modified, handled inappropriately or
culpably, combined or installed with inappropriate hardware or software, used with
inappropriate accessories, regardless if by Yourself or by third parties, or if there
are any other reasons outside of Elastic Solutions Inc's sphere of influence that
affect the executability of the Application.
9.3 You are required to inspect the Application immediately after installing it and
notify Elastic Solutions Inc about issues discovered without delay by e-mail
provided in Product Claims. The defect report will be taken into consideration and
further investigated if it has been mailed within a period of two (2) days after
9.4 If we confirm that the Application is defective, Elastic Solutions Inc reserves
a choice to remedy the situation either by means of solving the defect or substitute
9.5 In the event of any failure of the Application to conform to any applicable
warranty, You may notify the App-Store-Operator, and Your Application purchase
price will be refunded to You. To the maximum extent permitted by applicable law,
the App-Store-Operator will have no other warranty obligation whatsoever with
respect to the App, and any other losses, claims, damages, liabilities, expenses
and costs attributable to any negligence to adhere to any warranty.
9.6 If the user is an entrepreneur, any claim based on faults expires after a
statutory period of limitation amounting to twelve (12) months after the Application
was made available to the user. The statutory periods of limitation given by law
apply for users who are consumers.

Elastic Solutions Inc and the End-User acknowledge that Elastic Solutions Inc,
and not Apple, is responsible for addressing any claims of the End-User or any
third party relating to the licensed Application or the End-User’s possession and/or
use of that licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the licensed Application fails to conform to any applicable
legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation,
including in connection with Your Licensed Application’s use of the HealthKit
and HomeKit.

You represent and warrant that You are not located in a country that is subject to a
U.S. Government embargo, or that has been designated by the U.S. Government
as a "terrorist supporting" country; and that You are not listed on any U.S.
Government list of prohibited or restricted parties.

For general inquiries, complaints, questions or claims concerning the licensed
Application, please contact:
Elastic Solutions
23016 Lake Forest Drive
Suite D # 309
Laguna Hills, CA 92653
United States

The license is valid until terminated by Elastic Solutions Inc or by You. Your rights
under this license will terminate automatically and without notice from SpaceX
Networks Inc if You fail to adhere to any term(s) of this license. Upon License
termination, You shall stop all use of the Application, and destroy all copies, full or
partial, of the Application.

Elastic Solutions Inc represents and warrants that Elastic Solutions Inc will
comply with applicable third-party terms of agreement when using licensed
In Accordance with Section 9 of the "Instructions for Minimum Terms of
Developer's End-User License Agreement," Apple and Apple's subsidiaries shall
be third-party beneficiaries of this End User License Agreement and - upon Your
acceptance of the terms and conditions of this license agreement, Apple will have
the right (and will be deemed to have accepted the right) to enforce this End User
License Agreement against You as a third-party beneficiary thereof.

Elastic Solutions Inc and the End-User acknowledge that, in the event of any
third-party claim that the licensed Application or the End-User's possession and
use of that licensed Application infringes on the third party's intellectual property
rights, Elastic Solutions Inc, and not Apple, will be solely responsible for the
investigation, defense, settlement and discharge or any such intellectual property
infringement claims.

This license agreement is governed by the laws of the State of California
excluding its conflicts of law rules.

17.1 If any of the terms of this agreement should be or become invalid, the validity
of the remaining provisions shall not be affected. Invalid terms will be replaced by
valid ones formulated in a way that will achieve the primary purpose.
17.2 Collateral agreements, changes and amendments are only valid if laid down
in writing. The preceding clause can only be waived in writing.