Terms of Use

Please read these Terms of Use (the “Terms”) carefully because they serve as an agreement between you the user (“You”, “Your” or “User”) and OrthoPoP, Inc. (“We”, “Our” or “Us”) regarding the use of MyOrtho Guide™ (the “App”), which is designed to empower medical professionals and/or non-professional users to explore orthopedic knowledge through curated expertise — improving awareness, confidence, and communication without crossing into diagnosis or treatment.

You must agree to these Terms and the Privacy Policy to use the App. Please read them. If, after reading the Terms and the Privacy Policy, You do not agree, You cannot and should not use the App.

App Services

By using the App, You agree to be bound by these Terms and that We may use Your personal information as described in the Privacy Policy. The App is intended solely for use by medical professionals or non-professionals located in the United States. The App is not intended for users under the age of 18. The App, excluding any unaffiliated content or linked site, is controlled by Us and located in the United States.

The App is provided “AS IS” without warranty of any kind and is not guaranteed to be error-free or uninterrupted. By using the App, You acknowledge and agree that the App is not intended to be used to make healthcare decisions.

Changes to Terms and App

We reserve the right to modify these Terms and the App at any time and may do so in Our sole discretion and without notice. The license granted in these Terms is conditioned on Your use of the most current version of the App, and Your continued use of the App following the date on which the revised version of these Terms or the App is made available shall serve as Your acceptance of same. We encourage You to frequently check for any changes to the Terms and to allow Your device to perform automatic updates of the App. All changes to these Terms will be effective immediately upon posting to the App.

Changes to the App may include, upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, “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. We are not liable to You for any Update to the App.

You agree to promptly download and install all Updates made available by Us and acknowledge that the App 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 App and be subject to all of these Terms. Based on Your mobile device settings, when Your mobile device is connected to the internet either:

• The App will automatically download and install all available Updates; or
• You may receive notice of or be prompted to download and install available Updates.

License

You are granted a limited, non-exclusive, non-transferable, terminable license to (i) download, install and use the App for personal, educational, non-commercial purposes on a mobile device owned or otherwise controlled by You, and (ii) access the content and services made available in the App, as described in these Terms. You are not permitted to use, reverse engineer, modify, distribute or otherwise exploit the App beyond the grant of license. Non-medical professionals may not use this App for the provision of healthcare services.

The App is licensed, not sold, to You. You do not acquire any ownership interest in the App, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. We, Our licensors and service providers reserve and shall retain the entire right, title, and interest in and to the App and any third-party content made available through the app, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to You in these Terms.

Certain features, functionality, and content accessible on or through the App may be hosted on Our website. Your access to and use of such content and services are governed by website's separate terms of use and privacy policy, which are incorporated herein by this reference. Your access to and use of such content and services may require You to acknowledge Your acceptance of Our website’s terms of use and privacy policy and/or to register with the website. Your failure to do so may restrict You from accessing or using certain App features and functionality. Any violation of Our website’s terms of use will also be deemed a violation of these Terms.

User Representations

You represent and warrant that:

• You are at least 18 years old and are able to agree and be bound to these Terms.
• If you are a medical professional, You will not make any diagnosis or treatment decision based solely or primarily on the information made available by the App.
• You will keep Your account information related to Your use of the App, including Your username and password or other credentials, secret, and not permit another person to utilize such credentials to access the App.
• You will tell Us promptly if You believe Your username or password or other credentials are no longer secret, and You will change Your password immediately to protect the privacy of Your information. You are solely responsible for ensuring the privacy and confidentiality of Your login credentials and for ensuring that the App meets any privacy or security requirements imposed on You by law, regulation, employer, school, contract or policy.
• You are responsible for reviewing the terms and privacy policy for any Third Party Materials and deciding whether to agree to them, and We encourage You to do so.
• The App will not be used:
• In an illegal, inflammatory, defamatory, obscene, or hateful manner;
• To promote violence, discrimination on the basis of race, religion, gender, nationality, disability, age, or similar characteristics or to threaten, abuse, harass, embarrass, alarm, defraud, or annoy another person;
• To infringe or breach the rights of any third party;
• To transmit any computer code, including (without limitation) any virus, worm, Trojan, time-bomb, logger, spyware, ransomware, or other harmful program or code that is intended, designed, or anticipated to cause harm or disruption to computers or networks, or any unsolicited promotional or advertising materials or “spam”; or
• In a manner otherwise contrary to the nature and purpose of the App.

Not Medical Advice

The App is licensed solely for Your education purposes. Use of the App in association with providing healthcare services or making treatment determinations is expressly prohibited. We do not recommend or endorse any specific tests, physicians, products, pharmaceuticals procedures, opinions, or other health related information that may be mentioned on the App or may be accessible through the App. We do not undertake any responsibility in relation to the quality of the information provided by the App.

Third-Party Materials

The App may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that We are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability or responsibility to You or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to You, and You access and use them entirely at Your own risk and subject to such third parties' terms and conditions.

AI Features

Certain features of the App use artificial intelligence technologies (“AI”) provided by third-party services. These AI-powered features utilize publicly available models that are not trained or curated by Us and are not limited to peer reviewed resources. The AI-powered features are offered for convenience and informational purposes only. The App does not develop or control the underlying AI models and makes no representations or warranties regarding the accuracy, reliability, security, bias, completeness, or suitability of any output generated by such features. Your use of the AI-powered features is also subject to the terms of use and privacy policies of the organizations providing such underlying AI services and by accessing or using such functions You unconditionally accept the terms and privacy policy of any third-party provider of such services, and represent and warrant that You will not input or disclose information to such feature that is subject to privacy protections or obligations under applicable law.

By using these AI features, You understand and agree that: (a) the content generated may be inaccurate; (b) Your use of such content is at Your own risk; and (c) the App shall have no liability arising from Your use of or reliance on any AI-generated content. You are solely responsible for reviewing and evaluating all outputs before taking any action based on them.

Indemnification

You agree to indemnify, defend, and hold harmless Us and Our officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to Your use or misuse of the App or Your breach of these Terms, including but not limited to the content You submit or make available through this App or access through the App.

Your Information

You acknowledge that when You download, install, or use the App, We may use automatic means (including, for example, cookies and web beacons) to collect information about Your mobile device and about Your use of the App. You also may be required to provide certain information as a condition to downloading, installing, or using the App or certain of its features or functionality, and the App may provide You with opportunities to share Your information with others. All information We collect through or in connection with this App is subject to Our Privacy Policy.

The transmission of information or data over the Internet or any cellular network is not secure and is subject to possible interception, loss or alteration. We do not assume any liability for any damages You may experience or costs You may incur as a result of interception, loss or alteration of any of Your information. We take commercially reasonable efforts to protect the privacy of Your information in accordance with Our Privacy Policy. You agree that We shall not be liable if any of Your information is obtained or accessed by unauthorized third parties provided that We are not in breach of these Terms.

IP, Copyright and Digital Millennium Copyright Notice

The content available on the App is subject to global copyright and all rights are reserved in the App, Our content and our Website by Us. The App is also protected by various intellectual property rights. As between You and Us, We or Our licensors hold the copyright and all other intellectual property rights and interests in the App and associated content.

We respect the rights of all copyright holders. If You believe Your copyright has been infringed, You may notify Us in writing at:

To be effective, Your notice must include substantially the following, as provided for under the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(3):

• Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material;
• Information reasonably sufficient to permit Us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We will terminate, in appropriate circumstances, Users that are repeat infringers.

Enforcement of Terms and Termination

If any of the provisions of these Terms are held to be unenforceable, the remaining provisions will be unimpaired, and the unenforceable provision will be automatically replaced by an enforceable term or provision that comes as close as possible to the intention underlying the unenforceable term or provision. These Terms are the entire agreement between You and Us with respect to Your use of the App, and these Terms do not alter any other agreements You have entered into with Us.

The term of these Terms commences upon the earlier of Your use or download of the App and will continue in effect until the App is removed from all of Your devices and You cease use of the App. You may terminate this Agreement by deleting the App and all copies thereof from Your mobile device. Notwithstanding the foregoing, We may terminate Your access to any part or all of the App at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever.

If appropriate, You will timely pay all Fees associated with access to the App and/or for products or services acquired through the App. Fees paid by You for a license to view or use the App or in relation to the App are non-refundable. Installation of the App on Your device, provisioning of login credentials and/or establishment of an account with Us shall be evidence of Your non-revocable acceptance of the App.

We have the right to determine whether there has been a violation of these Terms. Violation of these Terms could be harmful to You. To protect Users and the App, if We determine the Terms have been violated, We have the right to determine the action that will be taken. The action to be taken may include (but not be limited to):

• Suspending access to Your account or the App.
• Instituting legal action against You for unlicensed use of the App.
• Immediate termination of Your right to use the App. The termination may be temporary or permanent.
• Immediate removal of any content input by You to the App.
• Issuance of a warning or other communication to You.
• Referral to law enforcement agencies for further action, if referral is permitted under applicable laws.

Limitation on Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP OR THE CONTENT AND SERVICES FOR (I) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OR DISCLOSURE OF DATA, LOSS OF GOODWILL, INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; AND (II) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APP.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

WE shall have no liability for any failure or delay in performing any obligation pursuant to these terms due to, or arising out of, any act not within our control, including, without limitation, acts of God, material changes to the healthcare industry, LAW or regulations, strikes, lockouts or other industrial disputes, war, riots, lightning, fire, storm, flood, explosion, interruption or delay in power supply, computer virus, governmental laws, regulations or other restraints, or An inability to obtain necessary equipment, materials or services to the extent outside of OUR reasonable control.

Applicable Law

By accessing the App, You agree that all matters relating to Your use of this App shall be governed by the laws of the State of Indiana, and the federal laws of the United States of America without regard to the conflicts of laws principles thereof. Any claims relating to Your use of this App shall be brought in state or federal courts located in Marion County, Indiana and each party hereby consents to the exclusive personal and subject matter jurisdiction of such courts. Each party also waives any right to a jury trial in connection with this Agreement. If You are located outside the United States of America, You acknowledge and agree that Your data will be stored and processed in the United States, which may have privacy laws that are less protective than the laws of the country in which You are located. By using the App, You consent to the processing of Your data in the United States for the purposes described in these Terms, the Privacy Policy, and any documentation regarding the App, and as permitted by law.

Contact Information

If You have any questions regarding these Terms or the App, please contact Us by any of the following methods: