Last updated: September 22, 2019

I. Introduction and Eligibility

Please read these Terms of Use before using the TobFiles.com Service.

These Terms of Use constitute an agreement between you and TobFiles.com. You accept these Terms of Use by registering to the service and each time you access the TobFiles.com Service thereafter. If you do not accept these Terms of Use, you must not use the Service.

Revisions to Terms of Use. We may revise these Terms of Use by posting an updated version to this web page. You should visit this page periodically to review the most current Terms of Use because you are bound by them when you use the TobFiles.com service as well as our website.

II. The TobFiles.com Service

The TobFiles.com Service is defined as any software or cloud application under TobFile.com control. The TobFiles.com Service provides a platform to store health-related information to make it available to you.

TobFiles.com does not give medical advice. You assume full risk and responsibility for the use of information you obtain from or through the TobFiles.com Service. You will be solely responsible for the professional and technical services you provide.

Responsibility for Misuse by Other Users of Your Account. You are responsible for any activity resulting from the use of your log-in credentials on the TobFiles.com Service. Your credentials are personal and should not be shared with any party. You acknowledge that you are responsible of ensuring your password is safe and regularly changed and that you will take reasonable measures to ensure the safety of your account's username and password. You agree that you are solely responsible for ensuring that your patient health-related information is properly protected under applicable law. You are also responsible for any activity resulting from the use of your log-in credentials on the TobFiles.com Service.

You represent and warrant that you received any necessary consents from individuals before posting their information in the TobFiles.com Service.

Exporting Information from the TobFiles.com Service. You are solely responsible for any health-related information exported from the TobFiles.com Service using your account credentials.

III. Protected Health Information Practices

Data. You own the data that you create on TobFiles.com. We commit to allow you to extract your data at your request whenever possible. You commit to only collect and retain the data that is permitted by law. TobFiles.com may not use any personal identification data and should ensure the latter is encrypted when possible. TobFiles.com can only use non-identifiable data that can improve the service provided.

IV. Communications

TobFiles.com may communicate with you by email or by posting notice on the TobFiles.com Service.

You agree to receive email from us at the email address you provided to us for informational and customer service-related purposes.

V. Limitations and Prohibitions

Do not do bad things with the TobFiles.com Service, try to break it, or steal our hard work.

You agree to use the TobFiles.com Service only for its intended purpose and in an authorized manner. You must use the TobFiles.com Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the TobFiles.com Service are prohibited. You may not:

1. attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the TobFiles.com Service, user accounts, or the technology and equipment supporting the TobFiles.com Service;
2. frame or link to the TobFiles.com Service without permission;
3. use the TobFiles.com Service in an illegal way or to commit an illegal act in relation to the TobFiles.com Service or that otherwise results in fines, penalties, and other liability to TobFiles.com or others; or
4. access the TobFiles.com Service from a jurisdiction where it is illegal or unauthorized.

VI. Consequences of Violating These Terms of Use

If you do not act acceptably and responsibly, we may refuse to provide the TobFiles.com Service to you.

We reserve the right to suspend or terminate your account and prevent access to the TobFiles.com Service for any reason, at our discretion. We reserve the right to refuse to provide the TobFiles.com Service to you in the future.

You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms of Use and your use of the TobFiles.com Service.

VII. TobFiles.com Liability

We are not liable for anything our users do when using the TobFiles.com Service. We may also change, suspend or discontinue the TobFiles.com Service or any feature at any time and are not liable for how this may affect you. We will however make sure you can still extract your data for a reasonable period of time unless there is a force majeur.

We are taking reasonable measures to ensure the safety and availability of your data including encryption of all data between the server and your machines as well as state-of-the-art encryption of data at rest for patient identifiable data. We have also selected well renowned hosting companies that provide high availability servers in Western Europe and regular backups. Please note this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of such safeguards. As such, we are not liable for any data breach, data loss or service unavailability that is out of our control, but we will do our best effort to provide you with a reasonable level of security.

We make no promises and disclaim all liability of specific results from the use of the TobFiles.com Service.

A. DISCLAIMER OF WARRANTIES

You expressly understand and agree that: (a) your use of the TobFiles.com service is at your sole risk, and the service is provided on an 'as is' and 'as available' basis and the released parties expressly disclaim all warranties of any kind, whether express or implied; (b) the released parties make no warranty that (i) the TobFiles.com service will meet your requirements or expectations, (ii) the TobFiles.com service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the TobFiles.com service will be accurate or reliable, and (iv) any errors in the service will be corrected; and (c) any material downloaded or otherwise obtained through the use of the TobFiles.com service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the download or use of any such material.

B. LIMITATION OF LIABILITY AND INDEMNIFICATION

We are not liable for anything that happens to you that somehow may be connected to your use of the TobFiles.com Service. If you use the TobFiles.com Service in a way that causes us to be included in litigation, you agree to pay all of our legal fees and costs.

VIII. Contact Information

If you have any questions about these Terms of Use or the TobFIles.com Service, please visit our website or contact us on admin@tobfiles.com.

Sincerely,

The TobFiles.com team