In order to proceed with any data gathering, you must read and agree to the following terms and conditions. Your acceptance of these terms and conditions is indicated by entering the portal online or by signing a digital or paper version.
1. The Product: The tool provided here is an online data-gathering tool for mental health powered by software accessible through a MoodDoctor software product, called the “MDS”. The MDS data-gathering tool is accessible to you because a MoodDoctor customer (a clinic or other organization) has contracted with MoodDoctor to make this data-gathering tool available and has agreed to be solely responsible for the use of the Summary Report that will be generated from your answers. The Summary Report provides information that can then be used to assist a licensed professional in your treatment. The MDS is not designed to replace or partially replace a clinical evaluation by a licensed clinician and should be used only by professionals licensed to diagnose and/or treat mental health disorders. The Summary Report does not represent a diagnosis. It may be used by a licensed clinician to review and summarize the answers you provided to assist the clinician in determining a diagnosis. You are responsible to ensure that the information you give about your personal situation, including your medical and mental condition, and all the factors surrounding your situation is accurate and current.
2. System Software. Neither MoodDoctor nor Customer grants any license or other rights to you. The MDS remains the sole property of MoodDoctor. For all purposes, MoodDoctor shall be considered the owner of the MDS, and of all copyright, trade secret, patent, trademark and other intellectual property rights therein. You may not (i) attempt to obtain a copy of any element of the MDS, (ii) reverse compile, reverse engineer, reverse assemble or otherwise attempt, directly or indirectly, to obtain or create source code for any element of the MDS, or (iii) modify or create derivative works of any element of the MDS.
3. Compliance and Indemnity. You are responsible for, and you represent and warrant that you are in compliance with, all governmental laws, regulations, rules, and orders (“Applicable Laws”) that relate to you and your actions in the course of your use of the MDS. You agree that you will not use the MDS in any manner that violates, or is intended to violate, any Applicable Laws. You must ensure that your information does not infringe upon the rights of any third party. You are solely responsible for your information, and you warrant and represent that it does not and will not (1) infringe upon the intellectual property rights of any third party, (2) constitute any slander or libel, and (3) be shared in a manner that violates any Applicable Laws. You agree to indemnify, hold harmless and defend MoodDoctor and Customer from and against any claim insofar as it arises out of your negligence or misconduct or those acting under your (including without limitation the failure to comply with these terms and conditions or MoodDoctor Software).
4. Limitation of Liability. You represent and warrant that you are an adult and that you are capable of understanding and replying to the inquiries you receive in the course of using the MDS. If you are not an adult, you may not use the MDS unless you have the permission of a guardian or parent.
THE PRODUCT AND ASSOCIATED DOCUMENTATION AND REPORTS ARE OFFERED TO YOU BY THE CUSTOMER “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED AND CUSTOMER AND MOODDOCTOR DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE PRODUCT, THE PRODUCT SUMMARY REPORTS, AND ANY OTHER SERVICE PROVIDED BY CUSTOMER TO YOU HEREUNDER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND THE SAME ARE DISCLAIMED.
5. Release of Summary Reports. You understand the Summary Reports are of no benefit without the review and consultation of a qualified professional. You therefore authorize MoodDoctor or Customer, as applicable, to release the Summary Report and any other information or results associated with the MDS to the licensed health professional selected by you. You agree that your use of the MDS constitutes a pre-existing commercial relationship and your consent to receive electronic communications from MoodDoctor or Customer. You authorize Customer to deliver the Summary Reports and any associated content to the selected professional. If the licensed professional selected by you is not associated with Customer, you authorize MoodDoctor to deliver the Summary Reports and any associated content to the selected professional. Nothing herein shall be construed to create a health care relationship between you and MoodDoctor, and you acknowledge that such relationship is between you and the medical professional you select.
Use of the MDS may involve the transmission and recording of personal medical information. MoodDoctor and Customer acknowledge that your information may be subject to the requirements of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), and each agrees to take all commercially reasonable actions necessary to safeguard the privacy of your medical information, and you agree to do the same.