- PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE OR APP
By using this site or app, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site or app. exClone, Inc. ("exClone") may revise and update these Terms and Conditions at any time. Your continued usage of the Voctor website and Voctor app will mean you accept those changes.
- End User License Agreement
Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” exClone, Inc., or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
- Subscription Policies
By subscribing to a Service, you are subject to our Subscription policies as stated below. Please read these carefully as they set forth our refund, cancellation and pricing policies and other important information . We reserve the right to change these policies at any time and you should refer to them frequently to ensure you are aware of current policies.
Fees and Payments: You must be 18 years of age or older to purchase a subscription to the Services or any other content, product, or service offered by us through the Services. If you are less than 18 years of age and want to make any such purchase, please ask your parent or guardian to complete the purchase on your behalf. You agree to pay the subscription fees and any other charges incurred in connection with your account for a Service (including any applicable taxes) at the rates in effect when the charges were incurred. If your subscription includes access to areas containing premium content or services, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas. Unless you have paid by check, we will bill all charges automatically to your credit card. Subscription fees will be billed at the beginning of your subscription and any renewal. As a general matter, all fees and charges are non-refundable. We reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance and an opportunity to cancel. You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other Third Party service.
Term and Renewal: This Agreement shall remain in full force and effect while you use the Services. Unless you have paid by check, your subscription will renew automatically until it is cancelled in accordance with this Section. For all subscriptions, you must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card unless you pay by check.
Cancellation Policy for other subscriptions: We may cancel your subscription at any time upon notice to you. You may cancel your subscription prior to any renewal term by following the procedures described by Apple.
- H.I.P.A.A. Compliant
Protected health information (PHI) under the US law is any information about health status, provision of health care, or payment for health care that is created or collected by a Covered Entity, and can be linked to a specific individual. The Health Insurance Portability and Accountability Act (HIPAA) sets the standard for sensitive patient data protection. Companies that deal with protected health information (PHI) must have physical, network, and process security measures in place and follow them to ensure HIPAA Compliance.
exClone, Inc., the Voctor Site or the Voctor app does not ask, collect, nor store personally identifiable information, such as name or address of an individual, in the subscription or the operation of the Voctor product. Therefore, no PHI is handled. HIPAA compliance regulations do not apply.
- The Site Provides Information Only
The contents of the Voctor site and Voctor app, such as text, graphics, images, information obtained from exClone's licensors, and other material contained on the Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site, or on the app screen.
If you think you may have a medical emergency, call your doctor or 911 immediately. exClone does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by exClone, exClone employees, others appearing on the Site at the invitation of exClone, or other visitors to the Site is solely at your own risk.
- Children's Privacy
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person, including children, and we do not promote any product to specific demographics which would be recognized as underage.
- Use of Materials
All materials posted on Voctor website and Voctor app are protected by the copyright laws in the United States and in foreign countries. exClone authorizes you to view or download a single copy of the material on the Site solely for your personal, noncommercial use if you include the copyright notice located at the end of the material, for example: "©2016, exClone, Inc. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the exClone or Voctor Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
Title to the materials remains with exClone or its licensors. Any use of the materials not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of exClone. All rights not expressly granted herein are reserved to exClone and its licensors. Certain content on this site is licensed under U.S. Patent No. 6,585,516.
If you violate any of these Terms and Conditions, your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of any portion of the materials.
- Liability of exClone and Its Licensors
The use of the Voctor Site or the Voctor app Content is at your own risk.
When using the Voctor Site or the Voctor app, information will be transmitted over a medium that may be beyond the control and jurisdiction of exClone and its suppliers. Accordingly, exClone assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Voctor Site or the Voctor app.
The Voctor Site or the Voctor app are provided on an "as is" basis. exClone, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, exClone, its licensors, and its suppliers make no representations or warranties about the following:
The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Voctor Site or the Voctor app.
The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Voctor Site or the Voctor app.
In no event shall exClone, its licensors, its suppliers, or any third parties mentioned on the Voctor Site or the Voctor app be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Voctor Site or the Voctor app or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not exClone, its licensors, its suppliers, or any third parties mentioned on the Voctor Site or the Voctor app are advised of the possibility of such damages. exClone, its licensors, its suppliers, or any third parties mentioned on the Voctor Site or the Voctor app shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. exClone, its licensors, its suppliers, or any third parties mentioned on the Voctor Site or the Voctor app are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
- User Submissions
The Voctor Site or the Voctor app does not contain any public platform "area" where people other than you can access your interaction data with Voctor Site or the Voctor app. Accordingly, your privacy is inheritly confined within the Voctor Site or the Voctor app.
The Voctor Site or the Voctor app does not ask your personally identifiable information (name, address) to subscribe to, or to operate. The Voctor Site or the Voctor app does not ask your identifiable health records, insurance information, or any other medical data. All interactions are anonymous until you volunteer to enter personal information to Voctor Site or the Voctor app.
The only input you can enter into the Voctor Site or the Voctor app is via text . Such inputs are stored within the databases of the Voctor Site or the Voctor app along with the user IP, which constitutes a record required by law (the FBI in case of investigations.) There is no other use or process of this data by exClone, the Voctor Site or the Voctor app.
The voice input you provide into the Voctor app, is converted into a text string by the native devices (iOS or Android). While the Voctor Site or the Voctor app receives the text input, the voice (audio) file remains within the device operating system, therefore not accessible by exClone, the Voctor Site or the Voctor app.
In app purchases, and subscription payments are all handled by the payment system of Apple, Inc., and/or Google where you may have already provided personal information. The information you have provided to Apple Inc., and/or Google are not accessed by exClone, Inc.
For inquiries, the Voctor site will ask name, address, phone number, and email address in order to respond to an inquiry. The information collected for this purpose is not linked to Voctor app, and to its subscription process.
exClone has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your exClone passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your exClone account and password; (3) promptly inform exClone if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send us an email, use the "Contact Us" links located at the bottom of every page of our site. You grant exClone and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. exClone cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using exClone tools and services.
- Advertisements, Searches, and Links to Other Sites
The Voctor Site or the Voctor app may provide links to third-party web sites. The Voctor Site or the Voctor app also may select certain sites as priority responses to search terms you enter and The Voctor Site or the Voctor app may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. exClone does not recommend and does not endorse the content on any third-party websites. exClone is not responsible for the content of linked third-party sites, sites framed within the Voctor Site or the Voctor app, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. exClone does not endorse any product, service, or treatment advertised on the Voctor Site or the Voctor app. For more information, read our Advertising Policy and our Sponsor Policy.
You agree to defend, indemnify, and hold exClone, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
exClone is based in New York, New York, in the United States of America with principal offices in New York, New York. exClone makes no claims that exClone, exClone Health Manager, or any Site within the exClone Network and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the exClone Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.
You expressly agree that exclusive jurisdiction for any dispute with exClone, or in any way relating to your use of the Voctor Site or the Voctor app, resides in the courts of the State of Georgia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Georgia in connection with any such dispute including any claim involving exClone or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of Georgia, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
- Notice and Takedown Procedures; and Copyright Agent
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting exClone's copyright agent (identified below) and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and (if available) e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
exClone's agent for copyright issues relating to this web site is as follows:
Attn: Office of Privacy,
220 Front St
New York, NY 10038,
In an effort to protect the rights of copyright owners, exClone maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
- Complete Agreement
Thank you for your cooperation. We hope you find the Voctor Site or the Voctor app helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via U.S. mail to: exClone, Inc Office of Privacy, 220 Front St, Suite 4C, New York, NY 10038
exClone Health Manager: Questions or comments regarding the exClone Health Manager web site, including any reports of non-functioning links, should be directed by email via our online web form in the Health Manager or by U.S. Mail to exClone Customer Service, 220 Front St, Suite 4C, New York, NY 10038 Attn: exClone Health Manager Member Services. We try to answer every email in a timely manner but due to volume may not always be able to do so.