LICENSE AGREEMENT

License and Restrictions

We grant You a limited, non-exclusive, non-sub licensable, non-transferable license to use the Application, solely for Your personal, non-commercial use in accordance with the instructions and documentation set forth in this EULA or any parts of the Application (collectively, the "Documentation"). Unless expressly otherwise set forth in this EULA, You may not: (a) modify, translate or create derivative works of the Application or the Documentation; (b) decompile, reverse engineer, or reverse assemble any portion of the Application or attempt to discover any source code or underlying ideas or algorithms of the Application; (c) sell, assign, sublicense, rent, lease, loan, provide, distribute, or otherwise transfer all or any portion of the Application or the Documentation; (d) make, have made, reproduce, or copy the Application or the Documentation; (e) remove or alter any trademark, logo, copyright, or other proprietary notices associated with the Application or the Documentation, or make available the Application without reproducing all proprietary notices; (f) cause or permit any other party to do any of the foregoing; or (g) engage in any conduct that, directly or indirectly, violates the terms of this EULA or has a harmful impact on the Application.

Use of the Application

To use the Application, You must accept the terms of this EULA and tap on the "AGREE" button.

You represent that You are at least eighteen (18) years old. We reserve the right to terminate Your use of the Application at any time, with or without any reason. The Application is provided solely for informational purposes and reliance on the Application is purely at Your own risk. Mayo does not warrant the accuracy or completeness of the content contained in the Application. You will be solely responsible for YOUR use of and reliance on the content contained in the Application AND FOR ALL decisions and/or actions resulting from YOUR use of the Application. The Application is not a substitute for the medical judgment of a physician or other licensed health care professional. The Application is not intended to replace or overrule the judgment or diagnosis of a physician or licensed health care professional and must not be used as the basis for making any diagnosis or treatment recommendation.

Our Application is not intended for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on the Application. If You believe that You are experiencing an emergency, call 9-1-1 immediately.

You should seek emergency help or follow up care when recommended by Your health care provider or when otherwise needed. You should continue to consult with Your primary health care provider and other health care professionals as recommended. Always seek the advice of a qualified physician or other qualified health care professional concerning questions You may have regarding a medical condition and before starting, stopping, or modifying any treatment or medication.

You agree to: (a) provide true, accurate, current, and complete information when registering to use the Application and establishing Your account ("Registration Information") and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If You provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, We may suspend or terminate Your account. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with Your account. You agree not to allow others to access Your account or utilize Your password. Doing so will compromise the security of Your account.

Prescription and Product Policy

We do not endorse any specific medication, pharmacy, product, supplies, equipment, or devices. If a health care provider prescribes a medication or product, he/she must limit the quantity of that medication or product based on state regulations and will only prescribe them as determined by his/her own discretion and professional judgment.

Ownership

The Application and the Documentation, including all images, photographs, animations, text, and other audiovisual materials, and any and all patents, copyrights, moral rights, trademarks, trade secrets, and any other form of intellectual property rights recognized in any jurisdiction, including applications and registrations for any of the foregoing embodied therein are owned by Us or Our licensors. The Application and the Documentation are licensed, and not sold, to You for use only under the terms of this EULA. We reserve all rights not expressly granted to You. You will not use publicly for publicity, promotion, or otherwise, any logo, name, trade name, service mark, or trademark belonging to Us or Our affiliates or licensors, including, but not limited to the terms "Mayo," "Mayo Clinic®", and the triple shield logo, or any simulation, abbreviation, or adaptation of the same, or the name of any Mayo Clinic employee or agent, without Our prior, written, express consent.

Term and Termination

The effective date of this EULA is the date on which You tap the "AGREE" button. This EULA is effective until terminated. You may terminate this EULA at any time by deleting the Application from Your device. This EULA will terminate immediately without notice from Us if You fail to comply with any provision of this EULA. Upon termination You must delete the Application from Your iPhone or other device.

DISCLAIMER OF WARRANTIES

THE APPLICATION IS PROVIDED TO YOU ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS, OR CONDITIONS OF ANY KIND. WE AND OUR SUPPLIERS DO NOT WARRANT THAT ANY OF THE APPLICATION WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE AND OUR SUPPLIERS DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE APPLICATION WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY, (B) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), (C) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE, AND (D) WARRANTIES THAT THE APPLICATION WILL OPERATE WITHOUT INTERRUPTION OR ERROR. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO WARRANTIES. THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE APPLICATION, APPLICATION-RELATED SERVICES, SERVICES, AND LINKED WEBSITES. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

LIMITATION OF LIABILITY

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, ANY BODILY OR MENTAL INJURY, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, PHYSICAL LOSSES, MENTAL LOSSES OR ANY FINANCIAL LOSSES) ARISING OUT OF OR IN CONNECTION WITH THE APPLICATION, OR YOUR USE OF THE APPLICATION, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY (INCLUDING, BUT NOT LIMITED TO, ANY LIABILITY WITH RESPECT TO ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, ANY BODILY OR MENTAL INJURY, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND [INCLUDING, BUT NOT LIMITED TO, PHYSICAL LOSSES, MENTAL LOSSES OR ANY FINANCIAL LOSSES] ARISING OUT OF OR IN CONNECTION WITH THE APPLICATION OR YOUR USE OF THE APPLICATION, TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) WILL NOT EXCEED THE AMOUNT PAID BY YOU TO US. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Disclaimer of Tort Liability

The foregoing remedies are EXCLUSIVE, and You waive and release all other warranties, obligations, and liabilities of Us and all other remedies, claims, and rights that You may have relating in any way to the Application covered by the terms of this EULA, whether arising from contract, warranty, strict liability, or tort or from Our negligence, tort, or other fault, including claims for loss of or damage to the Application.

Indemnification

You will indemnify, defend, and hold harmless Us, Our affiliates, and Our and their respective trustees, officers, directors, agents, independent contractors, employees, consultants, service providers, and applicable third parties (such as licensors and partners) (collectively, the "Indemnified Parties") from and against any actual or threatened suit, demand, or claims, damages, costs, liabilities, and expenses (including, but not limited to, damage awards, settlement amounts, and reasonable attorneys' fees) brought against any Indemnified Parties, arising out of or relating to: (a) Your use of the Application; (b) Your conduct; (c) Your failure to perform Your obligations under this EULA (including, but not limited to, Your violation of this EULA); (d) Your violation of the rights of any third party; and/or (e) use of the Application by anyone else on Your device.

General

This EULA constitutes the entire agreement between the parties and supersedes any and all prior proposals, agreements, or communications, written or oral, of the parties with respect to the subject matter hereof. You may not assign or otherwise transfer this EULA to anyone. All disputes arising from or relating to this EULA will be within the exclusive jurisdiction of the state and/or federal courts located within Minnesota and the parties hereby consent to such exclusive jurisdiction and waive objections to venue therein. The parties hereby disclaim the application of the 1980 U.N. Convention on Contracts for the International Sale of Goods. If any provision of this EULA is found invalid or unenforceable by an arbitrator or a court of competent jurisdiction, the remaining portions will remain in full force and effect, and the invalid provision will be partially enforced to the maximum extent permitted by law to effectuate the purpose of this EULA. If You use any third-party services that are accessed through or embedded in this application, Your use of those services will be governed by the terms of use of those services.

Access, Security, and Restrictions; Passwords

This EULA constitutes the entire agreement between the parties and supersedes any and all prior proposals, agreements, or communications, written or oral, of the parties with respect to the subject matter hereof. You may not assign or otherwise transfer this EULA to anyone. All disputes arising from or relating to this EULA will be within the exclusive jurisdiction of the state and/or federal courts located within Minnesota and the parties hereby consent to such exclusive jurisdiction and waive objections to venue therein. The parties hereby disclaim the application of the 1980 U.N. Convention on Contracts for the International Sale of Goods. If any provision of this EULA is found invalid or unenforceable by an arbitrator or a court of competent jurisdiction, the remaining portions will remain in full force and effect, and the invalid provision will be partially enforced to the maximum extent permitted by law to effectuate the purpose of this EULA. If You use any third-party services that are accessed through or embedded in this application, Your use of those services will be governed by the terms of use of those services.

You are prohibited from violating or attempting to violate the security of the Application, including, without limitation, (a) accessing data not intended for You or logging onto a server or an account which You are not authorized to access; or (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Application or any portion thereof without authorization, in violation of this EULA or in violation of applicable law.

You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Application, deep-link to any feature or content on the Application, bypass Our robot exclusion headers or other measures We may use to prevent or restrict access to the Application.

You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Application, deep-link to any feature or content on the Application, bypass Our robot exclusion headers or other measures We may use to prevent or restrict access to the Application.

Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working order or manner of the Application or any activity being conducted on the Application.

In the event access to the Application or a portion thereof is limited requiring a user ID and password ("Protected Areas"), You agree to access Protected Areas using only Your user ID and password as provided to You by Us. You agree to protect the confidentiality of Your user ID and password, and not to share or disclose Your user ID or password to any third party. You agree that You are fully responsible for all activity occurring under Your user ID. Your access to the Application may be revoked by Us at any time with or without cause.

Updates

We may from time to time in Our sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that We have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on Your mobile device settings, when Your Mobile Device is connected to the internet either: (a) the Application will automatically download and install all available Updates; or (b) You may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should You fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this EULA.

Google Maps

This application incorporates location-based map features provided by Google Maps. Your use of these features is governed by Google's Terms of Use. Use of real-time route guidance features is at Your sole risk. Location data may not be accurate.

Privacy Policy

Your privacy is important to Us. This Privacy Policy describes our information collection, use, and disclosure practices with respect to the Mayo Clinic app (the "App"), and supplements our website Privacy Policy; please refer to that policy for more information about how we use and disclose information we collect via the App. To the extent that our website privacy policy and this Privacy Policy conflict, this Privacy Policy will control.

Consent to Receive Calls, Text Messages and Audio and/or Video Recording

By providing Your mobile number, You are agreeing to be contacted by or on behalf of Mayo at the mobile number You have provided, including calls and text messages, to receive informational, product or service related (e.g., progress tracking, reminders, etc.) messages and communications relating to the Application. Message and data rates may apply. To stop receiving text messages text a reply to Us with the word STOP. We may confirm Your opt out by text message. If You subscribe to multiple types of text messages from Us, we may unsubscribe You from the service that most recently sent a message or respond to Your STOP message by texting You a request to identify services You wish to stop. Please note, that by withdrawing Your consent, some of the functions provided by the Application may no longer be available to You. Keep in mind that if You stop receiving text messages from Us, You may not receive important and helpful information and reminders about Your services.

Mayo may record (audio and video) all or part of Your interaction with Us ("Recordings"). Such Recordings are used for quality assurance and training purposes, to better deliver to You the products and services, and to help Us improve the Platform. We will keep such Recordings confidential, and We will not publicly display such recordings unless legally required to do so, such as if subject to a court order. By accessing and using Our Application, You agree and consent to such Recordings for the purposes and uses set forth in this EULA and as otherwise set forth in the Privacy Policy.

Your Medical Information

In order to use many of the features of this Application, including features which allow You to access Your medical information, You will need to have a Mayo Clinic Patient Online Services Account. If You do not already have an account, please visit www.mayoclinic.org to create an account or select Create Your Account within the Application. All of the information accessed, used, and submitted through Your Mayo Clinic Online Services Account is subject to the Mayo Clinic Online Services Privacy Policy. None of Your health information will be stored in the application or on the device. In Our Application, You may deactivate Your account through the Get Help menu; however, You understand that We are still required to maintain Your health information under the Health Insurance Portability and Accountability Act (HIPAA) and other federal and state law.

Additional Information Collected by This Application

Each time You use the Application it will automatically collect the following information:

1. The IP address You used to connect to our servers;
2. Information about the device You are using, including the operating system version, and device model;
3. Information about the applications such as the application version;
4. Diagnostic information about the application, including any application errors or crashes;
5. Log information about Your session, such as the date, time, and duration of Your session, and the pages and areas of the application You have used; and
6. Geolocation information, for the purpose of facilitating Your check-in upon arrival for a scheduled appointment. You may turn off, or remove permission for, location services on Your iPhone or other device at any time.

Third Party Services

If You use the Google Maps feature, the collection and use of information through the use of this feature is governed by Google's Privacy Policy. If You use any other third party services that are embedded in, or accessed through, this application, including, but not limited to, Twitter, the collection and use of information in connection with that service is subject to that service's privacy policy.

If You log in to Your Mayo Clinic Patient Online Services Account, the Application will also collect Your login information for the purposes of verifying Your identity.

The Application may enable access to third-party services and websites, including social media sites (collectively and individually, "External Services"). You agree to use the External Services at Your sole risk. We are 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 the 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 Us or Our agents. You will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes Our intellectual property rights or any third party's intellectual property rights. You agree not to use the External Services to harass, abuse, stalk, threaten, or defame any person or entity, and that We are 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. We reserve 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.

How We Use and Disclose the Information We Collect

The data collected by this Application is transmitted to Mayo Clinic and securely stored on Mayo's servers in the United States. We will not share this information with any third party in identifiable form. We may disclose aggregate and de-identified data collected during Your use of the application for research, educational, and product development purposes, and in connection with publications. The de-identified information could never be used to identify or contact You.