Terms of Use & Medical Disclaimer
iCath is an educational reference tool for licensed healthcare professionals. It does not provide medical advice, does not diagnose or treat any condition, and is not a substitute for your independent clinical judgment. Every output must be independently verified against the primary source or an official calculator before it informs any clinical decision. The App is not intended for use in medical emergencies.
IMPORTANT: SECTION 18 OF THESE TERMS CONTAINS A BINDING INDIVIDUAL ARBITRATION PROVISION, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY. YOU MAY OPT OUT OF ARBITRATION WITHIN THIRTY (30) DAYS AS DESCRIBED IN SECTION 18.10.
1. Acceptance of these Terms
These Terms of Use and Medical Disclaimer ("Terms") form a binding agreement between you ("you", "User") and Weston Hickey, MD, FACC, FSCAI, of Houston, Texas ("Developer", "we", "us", "our" — terms that include the Developer's heirs, successors, permitted assigns, and any entity to which the Developer may assign these Terms or the App) governing your access to and use of the iCath mobile application, together with all content, data, calculators, and materials contained in it (collectively, the "App").
By tapping "I Understand and Accept", or by installing, accessing, or using the App, you acknowledge that you have read these Terms in full, understand them, and agree to be bound by them. If you do not agree to every provision of these Terms, you must not access or use the App and should delete it from your device.
By accepting these Terms you represent that you are at least eighteen (18) years old and have reached the age of majority where you live, that you have the legal capacity to enter into this agreement, and, if you are using the App in the course of employment or on behalf of an institution, that you are authorized to accept these Terms.
The current Terms are always available inside the App under Reference → Legal and at icathapp.com, where you may save or print a copy.
2. Intended users; intended purpose; medical emergencies
The App is intended solely for use by licensed physicians, advanced practice providers, physicians in training, pharmacists, nurses, and other qualified healthcare professionals who possess the clinical training and professional judgment required to interpret its content in context. By accepting these Terms, you represent that you are such a professional.
The App is NOT intended for, and must not be used by, patients, caregivers, or members of the general public for the purpose of making decisions about their own or another person's health. If you are not a qualified healthcare professional, you are not authorized to use the App; if you access it anyway, you may not use it to make or influence any health decision, you do so entirely at your own risk, and every disclaimer, exclusion, limitation, and other protective provision of these Terms applies in full to your use.
The App is intended only as an educational and reference aid to support — never to replace — independent clinical judgment.
The App is not designed or intended for use in a medical emergency, and nothing in the App should be used in a way that delays emergency evaluation or care. If you are not a healthcare professional and believe that you or another person may be experiencing a medical emergency, call your local emergency number immediately.
3. License grant and restrictions
Subject to these Terms, the Developer grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the App, for your own professional education and reference, on Apple-branded devices that you own or control, as permitted by the App Store Usage Rules described in Section 20.2. All rights not expressly granted are reserved by the Developer and his licensors.
Except as expressly permitted by these Terms or by applicable law notwithstanding this restriction, you may not: (a) copy, reproduce, distribute, republish, display, sell, rent, lease, lend, sublicense, or otherwise make the App or any of its content available to any third party; (b) modify, adapt, translate, or create derivative works of the App or its content; (c) reverse engineer, decompile, or disassemble the App; (d) remove or obscure any proprietary, attribution, or disclaimer notice; (e) use the App or its content to build, train, improve, or populate any competing product, database, dataset, or machine-learning or artificial-intelligence model; (f) access the App by automated means or scrape, harvest, or bulk-extract its content; (g) integrate the App or its outputs into any electronic health record, order-entry, monitoring, or other clinical system or automated clinical workflow; or (h) use the App in violation of any law or of these Terms.
Any use of the App in violation of this section automatically terminates the license granted above.
4. NOT MEDICAL ADVICE
THE APP DOES NOT PROVIDE MEDICAL ADVICE.
All content in the App, including without limitation risk scores, calculator outputs, appropriate use criteria ratings, clinical trial summaries, guideline context, definitions, and any accompanying commentary, is provided for general informational and educational purposes only.
Nothing in the App constitutes, or is intended to constitute, medical advice, diagnosis, treatment, prescription, or a recommendation to pursue or refrain from any particular course of clinical action for any individual patient. The App's outputs are generated mechanically from published formulas and criteria, without knowledge of the patient, the clinical context, or any information other than the values entered; they are not patient-specific advice even when you enter patient-specific values. No content in the App should be relied upon as the sole or primary basis for any clinical decision.
You are solely responsible for all clinical decisions you make and for the care of your patients.
5. No physician–patient or other professional relationship
Use of the App does not create a physician–patient relationship, a consultative or supervisory relationship, or any other professional or fiduciary relationship between you (or any patient) and the Developer. Although the Developer is a licensed physician, the Developer is not acting as a physician with respect to you or any patient through the App: making the App available does not constitute the practice of medicine, a consultation, a second opinion, or professional services of any kind, and the Developer does not undertake any duty of care to you or to any patient by making the App available.
6. Independent verification is required; your responsibilities
YOU MUST INDEPENDENTLY VERIFY EVERY OUTPUT OF THE APP BEFORE IT INFORMS ANY CLINICAL DECISION.
Calculators, scores, and criteria in the App are implementations of published formulas and criteria. Implementations can contain errors; published sources can be revised; and inputs can be entered incorrectly, in the wrong units, or for the wrong patient. Before acting on any result, you must confirm it against the original published source, an official calculator provided by the issuing body, or another validated tool, and you must confirm that the model applies to the patient in front of you.
You are responsible for verifying the accuracy, units, and clinical applicability of every value you enter and every result you obtain. If any output of the App appears inconsistent with the primary source, with another validated tool, or with your own clinical assessment, do not use the output.
Your sole and exclusive remedy for any dissatisfaction with the App, its content, or its outputs is to stop using the App.
7. Assumption of risk
You acknowledge that the practice of medicine involves inherent uncertainty and risk, that reference materials and software can contain errors, and that reliance on any single source of information in clinical care is inherently unsafe.
BY USING THE APP, YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK ARISING OUT OF OR RELATING TO YOUR USE OF, OR RELIANCE ON, THE APP AND ITS CONTENT AND OUTPUTS, INCLUDING THE RISK THAT CONTENT OR OUTPUTS MAY BE INCOMPLETE, INACCURATE, OUT OF DATE, INCORRECTLY ENTERED, MISAPPLIED, OR INAPPLICABLE TO A PARTICULAR PATIENT, AND INCLUDING ANY HARM TO ANY PATIENT ALLEGED TO RESULT FROM ANY OF THE FOREGOING.
This assumption of risk is a material term of these Terms, without which the Developer would not make the App available.
8. Not a medical device; no regulatory clearance
The App has not been evaluated, cleared, approved, certified, or authorized by the United States Food and Drug Administration, by any state or federal regulatory authority, or by any comparable regulatory authority in any other jurisdiction, and it has no regulatory status in any jurisdiction.
The App is designed and intended to function as non-device clinical reference and decision-support material: it displays clinical reference information drawn from published sources — including appropriate use criteria, published risk models, and clinical trial summaries — to qualified healthcare professionals; it identifies the published sources, formulas, and criteria on which each output is based so that you can, and are expected to, independently review the basis for every output; and it is not intended that you rely primarily on any output in making any clinical decision.
The App is not intended to acquire, process, or analyze a medical image or a signal from an in vitro diagnostic device or a signal acquisition system; it is not intended to diagnose, cure, mitigate, prevent, or treat any disease or condition; and it is not intended to direct or drive clinical management, to provide time-critical alerts or alarms, or to substitute for clinical judgment.
You must not use the App for any purpose inconsistent with this section. If you use the App outside the United States, you are responsible for confirming that your use complies with the laws of your jurisdiction.
9. Clinical content — specific limitations
9.1 Appropriate Use Criteria
Appropriate Use Criteria ("AUC") content in the App is an unofficial educational reproduction of criteria published by professional societies. It is not endorsed by, affiliated with, or approved by the American College of Cardiology, the American Heart Association, or any other issuing organization.
AUC are designed to assess overall patterns of care across populations. They are expressly not designed to, and must not be used to, determine reimbursement, adjudicate individual claims, establish a standard of care, or judge the appropriateness of care delivered in any individual case. An "Appropriate", "May Be Appropriate", or "Rarely Appropriate" rating does not mandate, authorize, or prohibit any specific action for any specific patient.
Always consult the official published source document, which controls in the event of any discrepancy with the App.
9.2 Clinical trial summaries
Trial summaries in the App are the Developer's original condensations of published studies. By design they omit detail — including enrollment criteria, populations, endpoints, statistical methods, and limitations — and they cannot substitute for reading the published study. They are not endorsed by, and do not represent the views of, any trial investigator, sponsor, or journal. The published study controls in the event of any discrepancy with the App.
9.3 Calculators and risk scores
Each calculator or risk score is an implementation of a published formula or model and is subject to the validated population, assumptions, and limitations of that underlying model, which the App may summarize only in part. Risk estimates are population-derived probabilities, not predictions for an individual patient, and the display of any score or estimate is not a recommendation for or against any therapy or intervention. Outputs depend entirely on the values you enter; the App cannot detect values that are mistyped, in the wrong units, or entered for the wrong patient.
10. Accuracy, currency, and source material
Content in the App is derived from published literature, professional society documents, and clinical practice guidelines available at the time of authorship. Medicine changes continuously. Guidelines are revised, models are superseded, thresholds are redefined, and evidence accumulates.
The Developer makes no representation that the App is complete, current, error-free, or reflects the most recent published evidence or guidance. Content may contain typographical, transcription, computational, or editorial errors. The App may omit models, indications, populations, contraindications, and considerations relevant to a given patient. Where the App describes a model's validated population or limitations, those descriptions are summaries and are not exhaustive.
The Developer does not undertake to update any content, to notify you of revisions to underlying guidelines, criteria, or models, or to correct any error within any particular time or at all.
11. NO WARRANTIES
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, RELIABILITY, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT.
THE DEVELOPER DOES NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS, THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY CALCULATION, SCORE, RATING, OR OTHER OUTPUT IS ACCURATE, CURRENT, OR SUITABLE FOR ANY PARTICULAR PATIENT OR PURPOSE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE DEVELOPER OR THROUGH THE APP, CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Some jurisdictions do not allow the exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you. If you have non-waivable statutory rights as a consumer — for example under the laws of the United Kingdom, a member state of the European Union, Australia, or New Zealand — nothing in these Terms excludes or limits those rights, and where liability cannot be excluded the Developer's liability is limited to the minimum extent, and remedies to the minimum remedies, that applicable law allows.
12. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DEVELOPER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS, OR PROFESSIONAL REPUTATION, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE APP, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, THE DEVELOPER SHALL NOT BE LIABLE FOR ANY CLAIM ARISING OUT OF OR RELATING TO ANY CLINICAL DECISION, DIAGNOSIS, TREATMENT, OMISSION, PATIENT INJURY, OR PATIENT DEATH ASSOCIATED IN ANY WAY WITH USE OF, OR RELIANCE UPON, THE APP OR ANY OF ITS CONTENT OR OUTPUTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT (IF ANY) YOU PAID TO THE DEVELOPER FOR THE APP IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY UNITED STATES DOLLARS (US$50.00).
The exclusions and limitations in this section and in Section 11 apply regardless of the theory of liability and even if any limited remedy fails of its essential purpose. Each disclaimer, exclusion, and limitation in these Terms is a separate, severable provision and is independently enforceable.
You acknowledge that the disclaimers, exclusions, and limitations in these Terms are a fundamental basis of the bargain between you and the Developer, that they are reflected in the fact that the App is provided to you free of charge, and that the Developer would not make the App available without them.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or of certain other damages, so some of the above may not apply to you. Nothing in these Terms excludes or limits any liability — including liability for gross negligence, willful misconduct, fraud, or death or personal injury — to the extent that such liability cannot lawfully be excluded or limited.
13. Indemnification and release
You agree to indemnify, defend, and hold harmless the Developer and his heirs, successors, and assigns from and against any and all claims, demands, actions, proceedings, liabilities, damages, losses, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) brought by any third party arising out of or relating to: (a) your use of or reliance upon the App; (b) any clinical decision, act, or omission by you or by any person acting under your direction; (c) your breach of these Terms; or (d) your violation of any applicable law, regulation, or professional obligation. The Developer may, at his option and expense, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with that defense. The Developer will use reasonable efforts to notify you of any such claim.
To the maximum extent permitted by applicable law, you release the Developer from all claims by you arising out of or relating to any clinical decision made, or any care provided or not provided, by you or by anyone acting with or under you, in connection with any use of the App or its outputs. This release does not apply to any claim that cannot lawfully be released.
This section survives any termination of these Terms.
14. No patient data is collected or stored
The App is designed so that it does not collect, transmit, store, or retain protected health information or any patient-identifiable data.
All calculators operate entirely on your device. Each calculator opens blank, computes within the session, and retains nothing when you leave it. No values you enter are written to storage, transmitted to the Developer, or shared with any third party. The only preferences the App stores are which calculators you have marked as favorites (recorded as calculator identifiers only), your default tab, and your acceptance of these Terms.
Because the App neither receives nor maintains protected health information on behalf of a covered entity or business associate, it is not intended to function as a covered entity or business associate under the Health Insurance Portability and Accountability Act ("HIPAA"). You remain solely responsible for complying with HIPAA and all other privacy obligations applicable to your practice, including in any use you make of the App's "Copy summary" function, which places text on your device's clipboard at your direction.
15. Free of charge; no fees
The App is provided free of charge. It contains no subscription, no in-app purchase, no advertising, and no fee of any kind, and the Developer receives no payment or other monetary benefit from your use of it.
You acknowledge that these Terms are supported by valid mutual consideration notwithstanding that no fee is charged, including the license granted to you in Section 3 and the promises exchanged in these Terms, and that the protective provisions of these Terms — including Sections 11, 12, and 13 — are the conditions on which the Developer is willing to make the App available without charge.
Because the App is free, the Developer owes you no service level and no obligation of support, maintenance, updates, or continued availability, as further described in Sections 10, 19, and 24; Section 20.3 addresses support responsibilities as between the Developer and Apple.
If the Developer ever introduces an optional paid feature, it will be offered through the Apple App Store with its price and terms disclosed before purchase, and these Terms will be revised as described in Section 24 before any charge applies to you. Nothing will convert your existing free use into paid use without your affirmative purchase.
16. Third-party content and links
The App contains links to third-party websites, journals, calculators, and resources. These are provided for convenience and reference only. The Developer does not control, endorse, adopt, verify, or assume any responsibility for any third-party content, and is not liable for any loss or damage arising from your use of any third-party resource. Your use of any linked resource is governed by that resource's own terms.
17. Intellectual property; feedback; infringement complaints
The App, including its design, organization, original text, summaries, and compilation of content, is the property of the Developer and is protected by applicable intellectual property laws. Clinical criteria, scores, guidelines, and trial data referenced in the App remain the property of their respective owners and are reproduced or summarized for educational reference; their owners do not endorse the App. You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works from the App except as expressly permitted by Section 3 or by law.
If you submit feedback, suggestions, or ideas about the App, you grant the Developer a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use them for any purpose, without compensation or any obligation to you.
If you believe that any content in the App infringes rights that you hold, please send a written notice describing the content and the basis of your claim to legal@icathapp.com. The Developer will review and respond to complete notices in good faith.
18. DISPUTE RESOLUTION: BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND THE DEVELOPER TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, WAIVES YOUR RIGHT TO A JURY TRIAL, AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT AS DESCRIBED IN SECTION 18.10.
18.1 Scope and application
This Section 18 applies to every dispute, claim, or controversy between you and the Developer arising out of or relating to these Terms, the App, its content or outputs, the Privacy Policy, or any marketing of the App, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before, during, or after termination of these Terms ("Dispute"). It applies to the fullest extent permitted by law. If the mandatory law of your country of residence prohibits pre-dispute arbitration agreements with consumers or otherwise does not permit this Section to be enforced against you, this Section 18 does not apply to you, and Disputes will be resolved as described in Section 25 subject to any mandatory consumer protections of your country of residence. Apple is not a party to this Section 18, and this Section does not govern any dispute between you and Apple.
18.2 Informal resolution first (required)
Before commencing arbitration or any other proceeding, the party asserting a Dispute must send the other an individualized written notice ("Notice of Dispute"). Your Notice of Dispute must be sent to legal@icathapp.com and must include your name, the email address associated with your Apple Account or App download, a description of the Dispute, the relief sought, and your personal signature. The Developer will send any Notice of Dispute to an email address you have provided. For sixty (60) days after a complete Notice of Dispute is received, you and the Developer agree to attempt in good faith to resolve the Dispute informally, including through one telephone or video conference if either party requests it. All applicable limitation periods are tolled during this sixty-day period. Compliance with this subsection is a condition precedent to arbitration or suit, and a court or arbitrator may enjoin the prosecution of any proceeding filed without compliance.
18.3 Agreement to arbitrate
If a Dispute is not resolved informally, it shall be resolved by final and binding arbitration on an individual basis, administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules, each as in effect when the arbitration is commenced (together, the "AAA Rules", available at adr.org). This Section 18 is governed by the Federal Arbitration Act. If the AAA is unavailable or unwilling to administer the arbitration, the parties will select a comparable administrator, and if they cannot agree, a court of competent jurisdiction will appoint one.
18.4 Exceptions
Either party may bring an individual claim in small claims court in lieu of arbitration, and either party may elect to have a claim filed in arbitration heard in small claims court if it qualifies, provided the claim remains individual. Either party may seek injunctive or other equitable relief in a court described in Section 25 to protect intellectual property rights or to enforce Section 3, pending arbitration of the underlying Dispute. Nothing in this Section prevents you from reporting any matter to, or seeking relief from, a federal, state, or local government agency.
18.5 Arbitration procedure
The arbitration will be conducted by a single arbitrator in English. Filing, administration, and arbitrator fees are allocated as provided in the AAA Rules; where those Rules cap the consumer's filing fee, the Developer pays the remaining administrative and arbitrator fees required by the Rules. For claims in which the amount in controversy does not exceed US$25,000, the arbitration will be conducted on the basis of documents only, unless the arbitrator determines that a hearing is warranted or a party requests one; any hearing will be held by videoconference or, if an in-person hearing is required, in the county where you reside (if in the United States) or another mutually agreed location. The arbitrator shall issue a reasoned written decision, may award the same individual relief that a court could award (including attorneys' fees and costs where authorized by law or the AAA Rules), and judgment on the award may be entered in any court of competent jurisdiction. The arbitrator may impose sanctions equivalent to those available under Federal Rule of Civil Procedure 11 against any party or counsel asserting a frivolous claim or defense.
18.6 Authority of the arbitrator
The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that only a court of competent jurisdiction may decide the enforceability of the class action waiver in Section 18.7 or the mass-filing procedures in Section 18.8.
18.7 CLASS ACTION WAIVER
YOU AND THE DEVELOPER EACH AGREE THAT DISPUTES MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING, AND MAY AWARD RELIEF ONLY IN FAVOR OF, AND AS WARRANTED BY THE CLAIMS OF, THE INDIVIDUAL PARTY.
If a court of competent jurisdiction finally determines that this class action waiver is unenforceable as to a particular claim or request for relief, then that claim or request (and only that one) shall be severed and may proceed in a court described in Section 25, and shall be stayed pending arbitration of all remaining claims. In no event shall any class, collective, or representative proceeding be arbitrated.
18.8 Coordinated and mass filings
If twenty-five (25) or more demands for arbitration presenting substantially similar claims are filed against the Developer within ninety (90) days by or with the assistance of the same law firm or coordinated counsel, the parties agree to the following staged process, which the parties intend as a material modification of the AAA Rules: (a) counsel shall select up to ten (10) demands (five per side) to proceed first as bellwether arbitrations, and all other demands shall be stayed, with all applicable limitation periods tolled; (b) following the conclusion of the bellwether arbitrations, the parties shall participate in a single global mediation informed by the bellwether results; and (c) if the remaining demands are not resolved, they shall then proceed in successive batches of up to fifty (50). A court of competent jurisdiction may enforce this subsection, including by enjoining the mass filing or administration of non-conforming demands. If this subsection is finally determined to be unenforceable as to any demand, that demand shall proceed in a court described in Section 25 and not in arbitration.
18.9 Survival and severability
This Section 18 survives termination of these Terms and the deletion of the App. Except as provided in Sections 18.7 and 18.8, if any part of this Section is found unenforceable, the remainder shall be enforced to the maximum extent permitted.
18.10 Your right to opt out
You may reject this arbitration agreement, without penalty, by sending an email to legal@icathapp.com within thirty (30) days after you first accept a version of these Terms containing this Section, stating your name, the email address associated with your Apple Account or App download, and a clear statement that you opt out of arbitration. If you opt out in time, this Section 18 (other than this subsection and Section 18.11) will not apply to you or to the Developer, and Disputes will be resolved as described in Section 25; the class action waiver in Section 18.7 will continue to apply to the maximum extent enforceable outside arbitration. Opting out has no effect on any other provision of these Terms.
18.11 Jury trial waiver
TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND THE DEVELOPER EACH WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO A TRIAL BY JURY.
19. Termination; survival
You may stop using the App at any time by deleting it from your devices.
The Developer may suspend or terminate your license immediately, without notice, if you breach these Terms, and may modify, suspend, or discontinue the App (in whole or in part) at any time as described in Section 24.
Upon any termination, the license granted in Section 3 ends and you must delete the App. Because the App is provided free of charge, no payment, credit, or refund is associated with termination. Sections 4 through 18, 21, 23, and 25 through 27, and any other provision that by its nature should survive, survive termination.
20. Apple App Store terms
This Section applies because the App is distributed through the Apple App Store. In this Section, "Apple" means Apple Inc.
20.1 Acknowledgment
These Terms are concluded between you and the Developer only, and not with Apple. The Developer, not Apple, is solely responsible for the App and its content.
20.2 Scope of license
The license granted in Section 3 is limited to a non-transferable license to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
20.3 Maintenance and support
The Developer is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms or as required under applicable law. You and the Developer acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
20.4 Warranty
The Developer is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the Developer's sole responsibility.
20.5 Product claims
You and the Developer acknowledge that the Developer, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
20.6 Intellectual property claims
You and the Developer acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, the Developer, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
20.7 Legal compliance
You represent and warrant that (i) you are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a "terrorist supporting" country; and (ii) you are not listed on any United States Government list of prohibited or restricted parties.
20.8 Developer contact
Questions, complaints, or claims with respect to the App should be directed to: Weston Hickey, MD, Houston, Texas, United States; legal@icathapp.com.
20.9 Third-party terms
You must comply with applicable third-party terms of agreement when using the App (for example, your wireless data service agreement).
20.10 Third-party beneficiary
You and the Developer acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
21. Export controls and sanctions
The App is software of United States origin. You agree to comply with all applicable United States and international export control and economic sanctions laws in your use of the App, and you represent that you are not located in, under the control of, or a national or resident of any country or on any list to which such laws prohibit export or provision of the App.
22. United States Government end users
The App and its documentation are "Commercial Items" as defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation." They are licensed to United States Government end users only as Commercial Items, with only those rights granted to all other users under these Terms.
23. International use
The App is published from the United States, and its clinical content reflects criteria, models, and guidelines published primarily by United States professional societies and researchers, which may not be appropriate, applicable, or consistent with professional standards in other countries. The Developer makes no representation that the App or its content is appropriate or available for use outside the United States. If you access the App from another jurisdiction, you do so on your own initiative and are responsible for compliance with local law and local professional standards. Nothing in the App constitutes an offer of professional services in any jurisdiction.
24. Changes to the App and to these Terms
The Developer may modify, suspend, or discontinue the App or any part of it at any time and without notice, and may revise these Terms at any time. The version number and effective date above identify the current Terms. Where a revision is material — including any change to Section 18 — you will be required to review and accept the revised Terms before continuing to use the App, and the revision will not apply retroactively to a Dispute of which the Developer had written notice before the revision took effect. Your continued use following acceptance constitutes agreement to the revised Terms.
25. Governing law and venue
These Terms are governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of laws principles, except that Section 18 is governed by the Federal Arbitration Act. Any Dispute that is not subject to arbitration under Section 18 (including where you have validly opted out, where Section 18 does not apply to you, or where a claim is severed under Section 18.7) shall be brought exclusively in the state or federal courts located in Harris County, Texas, and each party consents to the personal jurisdiction of those courts, except that either party may proceed in small claims court as permitted by Section 18.4.
Nothing in this section deprives you of the protection of any mandatory consumer-protection provision, or of any mandatory venue or forum right, of the law of your country of residence.
26. Miscellaneous
Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect.
No waiver. No failure or delay by the Developer in exercising any right under these Terms constitutes a waiver of that right.
Assignment. The Developer may assign these Terms, and the App, to any successor or entity (including an entity formed by the Developer), and these Terms bind and benefit permitted successors and assigns. You may not assign these Terms or the license granted to you.
Entire agreement. These Terms, together with the Privacy Policy published by the Developer, constitute the entire agreement between you and the Developer regarding the App and supersede all prior or contemporaneous understandings, whether written or oral, on that subject.
Interpretation. Headings are for convenience only. These Terms shall not be construed against either party as drafter. Except as provided in Section 20.10, these Terms create no rights in any third party.
Electronic acceptance. You consent to transact electronically. Your tap of "I Understand and Accept" is your electronic signature, and the App's record of the version and timestamp of your acceptance is the record of this agreement. You agree that notices the Developer provides in the App or at icathapp.com satisfy any requirement of written notice.
Time to bring claims. To the extent permitted by applicable law, any claim arising out of or relating to these Terms or the App must be commenced within one (1) year after the claim accrues, or it is permanently barred; where applicable law requires a longer minimum period, the shortest period that law permits applies instead.
Contact. Questions, complaints, legal notices, Notices of Dispute, and arbitration opt-outs may be sent to Weston Hickey, MD, Houston, Texas, United States, legal@icathapp.com. Privacy questions may be sent to privacy@icathapp.com.
27. Acknowledgment
BY ACCEPTING THESE TERMS YOU ACKNOWLEDGE THAT YOU ARE A QUALIFIED HEALTHCARE PROFESSIONAL; THAT THE APP DOES NOT PROVIDE MEDICAL ADVICE AND IS NOT A MEDICAL DEVICE; THAT YOU WILL INDEPENDENTLY VERIFY EVERY OUTPUT BEFORE RELYING ON IT; THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL CLINICAL DECISIONS YOU MAKE AND ALL RISK OF USING THE APP; THAT YOU ACCEPT THE DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION AND RELEASE PROVISIONS SET OUT ABOVE; AND THAT YOU HAVE READ AND UNDERSTOOD THE ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 18, INCLUDING YOUR RIGHT TO OPT OUT WITHIN THIRTY (30) DAYS.