Terms of Use & End User License Agreement

1. Acceptance of Terms

These Terms of Use and End User License Agreement (the “Agreement”) form a binding contract between you and Zenview Studio, LLC (“Zenview,” “we,” “us”) governing your use of the OPOsitive: ORC Tools mobile application (the “App”) and any related services.

2. Apple Standard EULA

In addition to these Terms, your use of the App is also governed by Apple's standard Licensed Application End User License Agreement (“Apple Standard EULA”). To the extent of any conflict between these Terms and the Apple Standard EULA, the more restrictive terms apply.

3. License Grant

Subject to your compliance with this Agreement, Zenview grants you a limited, non-exclusive, non-transferable, revocable license to install and use one copy of the App on any Apple-branded device that you own or control, solely for your personal or internal professional use.

4. Restrictions

You agree not to:

• Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App, except as expressly permitted by law.
• Modify, adapt, translate, or create derivative works based upon the App.
• Rent, lease, lend, sell, sublicense, distribute, or otherwise transfer rights to the App.
• Use the App in any way that violates applicable law, regulation, or your professional or institutional obligations.
• Use the App to store identifiable patient information unless your organization has authorized such use and you have implemented appropriate safeguards.

5. Clinical Use Disclaimer

Important: The App is a clinical reference and productivity tool. It is not a medical device, is not intended to diagnose, treat, cure, or prevent any disease, and is not a substitute for professional medical judgment. All clinical decisions remain the sole responsibility of the licensed clinician using the App. See our Medical Disclaimer for additional detail.

6. Content Accuracy

Zenview makes commercially reasonable efforts to ensure that drug information, calculator formulas, reference ranges, policy summaries, and other clinical content within the App are accurate and current. However, medicine is a rapidly evolving field, and we make no warranty that any content is free of error or current with the latest evidence. You are responsible for verifying critical information against authoritative sources before acting upon it.

7. User-Generated Content

Any data you enter into the App (notes, OR events, vitals, scanned documents, hospital details, mileage, etc.) belongs to you. We do not claim ownership of your content and, as described in our Privacy Policy, we do not have access to it unless you explicitly use the optional Track ID sharing feature.

8. Subscription & Pricing

If the App offers paid features or subscriptions, pricing and renewal terms will be displayed in the App and managed through your Apple ID. Subscriptions auto-renew unless canceled at least 24 hours before the end of the current period. You can manage and cancel subscriptions in your Apple ID account settings.

9. Updates & Availability

Zenview may release updates to the App from time to time. We may modify or discontinue features at any time without notice. We do not guarantee continuous, uninterrupted, or error-free operation.

10. Intellectual Property

The App, including all software, content, design, logos, trademarks, and other intellectual property, is owned by Zenview Studio, LLC or its licensors and is protected by United States and international intellectual property laws. The OPOsitive name and logo are trademarks of Zenview Studio, LLC.

11. Disclaimer of Warranties

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. YOU USE THE APP AT YOUR OWN RISK.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ZENVIEW STUDIO, LLC, ITS AFFILIATES, OFFICERS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ZENVIEW'S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE APP IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) USD $50.

13. Indemnification

You agree to indemnify and hold harmless Zenview Studio, LLC and its officers, employees, and affiliates from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the App, your violation of this Agreement, or your violation of any third-party right, including any clinical decision or action you take based on information from the App.

14. Third-Party Beneficiary

You acknowledge that Apple Inc. and its subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.

15. Termination

This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice if you fail to comply with any term. Upon termination, you must cease all use of the App and delete it from your devices.

16. Governing Law

This Agreement is governed by the laws of the State of Texas, without regard to conflict-of-law principles. You agree to the exclusive jurisdiction of the state and federal courts located in Dallas County, Texas for any dispute arising under this Agreement.

17. Changes to These Terms

We may update this Agreement from time to time. The effective date above will be revised when changes are made. Continued use of the App after changes take effect constitutes acceptance of the revised Agreement.

18. Contact

Questions about these Terms can be sent to feedback@zenviewstudio.com.