Terms of Service
Last Updated: April 13, 2022
This Creative Medical Systems Inc Terms of Service Agreement (the “Agreement” or “Terms of Service”) is made between Creative Medical Systems Inc. (“Creative Medical Systems Inc,” “we,” “us,” or “our”) and you, our customer (“you” or “your”). This Agreement governs your use of Creative Medical Systems owned-and-operated applications (collectively, the “Services”). This includes our myStudyTime. Your use of our myStudyTime application is governed exclusively by this agreement.
1. Acceptance
By downloading our apps, or otherwise visiting or using our Services, you accept this Agreement and consent to contract with us electronically.
If you are an entity other than a natural person, the person who registers the account or otherwise uses our Services must have the authority to bind the entity. In this context, "you" means both the entity and each person who is authorized to access the application.
We may update this Agreement by posting a revised version on our website. By continuing to use our Services, you accept any revised Agreement.
This Agreement includes our Privacy Policy. Please review our Privacy Policy.
2. Our Services
Service License: Subject to the terms hereof, we grant you access to our Services. The features available to you will depend on your plan. We may change features from time to time.
3. Subscription Plans
Plan Types: We offer free memberships and paid subscription plans that allow you to store your school work and schedules. We may also offer additional digital content or services on a pay-per-use basis. Advertised prices and features may change. Each plan is valid for only one single end user.
Fees: You must pay all fees (plus any taxes) during your subscription period and any renewal periods. Our fees may include a fixed monthly or annual fee plus variable fees for transactions or usage. All fees are nonrefundable.
4. Prohibited Technical Measures
You will not:
- Except as authorized by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Services; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;
- Submit any malicious program, script, or code;
- Submit an unreasonable number of requests to our servers; or
- Take any other actions to manipulate, interfere with, or damage our Services.
5. Term and Termination
This Agreement begins when you first use our Services and continues so long as you use our Services. Paid accounts will continue for the subscription period and will renew in accordance with Section 3 above. Applicable users may terminate at any time by deleting their app or cancelling their subscription. No data is lost upon cancellation and the app may be used to access all existing data indefinitely.
6. Disclaimers
Creative Medical Systems Inc PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU USE THE SERVICES AT YOUR OWN RISK. You must provide your own device and Internet access.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, Creative Medical Systems Inc DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Among other things, Creative Medical Systems Inc makes no representations or warranties:
- That our Services, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, completely secure, or accessible from all devices or browsers;
- That we will host, make available, or remove any specific piece of content;
- Concerning any content submitted by or actions of our users;
- That we comply with the Health Insurance Portability and Accountability Act (HIPAA), the Gramm-Leach-Bliley Act (GLBA) or any other industry-specific privacy obligations;
- That our Services will meet your business or professional needs;
- That we will continue to support any particular feature or maintain backwards compatibility with any third-party software or device; or
- Concerning any third-party websites and resources.
7. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) Creative Medical Systems Inc SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF Creative Medical Systems Inc HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) Creative Medical Systems Inc's TOTAL LIABILITY TO YOU, EXCEPT FOR Creative Medical Systems Inc 's CONTRACTUAL PAYMENT OBLIGATIONS HEREUNDER (IF ANY), SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO Creative Medical Systems Inc OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S) OR ONE HUNDRED DOLLARS (USD $100), WHICHEVER IS GREATER.
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