By processing and continuing using Aphoto desktop and/or Aptos mobile apps (hereinafter “digital products”), you are accepting and agreeing to comply with and be bound by the following terms that govern Aptos’s relationship with you in relation to this desktop and mobile apps and its digital products. If you disagree with any part of these terms and conditions, please, reconsider downloading Aphoto mobile and/or desktop apps.

Introduction

• These terms will be applied fully and affect your use of the mobile and desktop apps. By processing and using Aphoto desktop and mobile apps, you agree to accept and perform all terms, rules and conditions written in here. You must not use these desktop and mobile apps if you disagree with any Terms and Conditions that apply to these apps. When you visit the Aphoto desktop and mobile apps or send e-mails to us, you are communicating with us electronically. You are consenting to receiving communication from us electronically, in writing. We will communicate with you by e-mail or by posting notices on these desktop and mobile apps. You agree that all agreements, notices, disclosures, and other communications provided to you electronically and in written form satisfy any and all the legal requirements of existing legislation and have the legal force of written consent/agreement.
• In order to proceed with using desktop and mobile apps, you will be required to have/create a personal account through www.aptospass.com and be asked to provide personal information including your name/surname, professional address, postal code, country, Aptos Certificate, Number of the Aptos Certificate and Diploma of Independent Medical Practice, specialties. The processing of your personal information during the creation of your account is governed by the present terms, in compliance with Georgian legislative framework.
• You agree to provide accurate and complete information. If we have reasonable grounds to believe that the information provided is inaccurate or incomplete, we may have the right to refuse the creation of your account or to suspend or cancel/invalidate it, when already created. We also reserve the right to verify the accuracy of any information given, especially the information relating to the professional category.
• Membership is strictly individual and limited to 1 (one) per person. Members are not permitted to share their credentials with third parties. Members are responsible for maintaining the confidentiality of their credentials. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and equally, agree to securely log out of your account at the end of each session. We will not be liable for any loss or damage arising out of your failure to protect your password or account/personal information.

Copyright

• All content included on this site, such as text, graphics, logos, button icons, images, design, interface, audio clips, digital downloads, data compilations, and software, is the property of Aptos LLC or its content suppliers and protected by respective copyright laws. The compilation of all content on this site is the exclusive property of Aptos and protected by respective copyright laws.
• Copying, reproduction, republication or redistribution of any part of the services whatsoever, including by caching, framing or similar means, is prohibited without the express written permission of an authorized person (Aptos LLC). This restriction applies to the processing of information for both commercial and non-commercial purposes.

Confidentiality

• The visitor agrees and takes the obligation to observe confidentiality of the terms and conditions envisaged in these Terms, as well as treat as confidential any information which became/will become available to the Parties as a result of the present Terms and Conditions;
• Aptos undertakes the obligation not to disclose confidential information received from the Visitor, which is related to the Product, the Visitor's activities and its clients, during the validity period of these Terms and conditions.
• Aptos, under its own responsibility, provides the confidential information, received from the visitor, to its employees and other authorized official representatives, if necessary, for fulfilling the obligations of Aptos under these Terms. In addition, Aptos takes all necessary measures for the protection of confidentiality of the information by its employees and other authorized official representatives towards any third party, including the conclusion of an agreement with them about protection and the prohibition of the disclosure of the confidential information.

Personal Data Processing

• This policy sets out how Aptos uses and protects any information that you give Aptos when you use Aphoto desktop and/or mobile app.
• Aptos is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this digital product, you can be assured that it will only be used in accordance with these terms and conditions and such usage will comply with all the relevant legal requirements in the direction of personal data protection field.
• Aptos may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you agree with any changes.
• We are committed to ensuring that your personal information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online from any of our visitors.
• Our digital products may contain link to other website/desktop and mobile apps/source of interest. However, once you have used the link to leave our digital products, you should note that we do not have any control over those other resources. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such websites/desktop and mobile apps and such websites/desktop and mobile apps are not governed by this privacy statement. You should exercise caution and look at the privacy statement application to the desktop and mobile apps in question.
• Aptos shall have the right to use the personal information for the commercial and non-commercial activities. Precisely, Aptos shall have the right to provide such information to its Distributors. Accepting to these Terms and Conditions shall be deemed as the consent of the Visitor. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
• Aptos shall acquire the consent of the Visitor prior to obtaining any identification data. The consent shall include the name and the address of the Visitor on collecting the identification data, the purpose for collection of the referred data, the scope of the information that is collected, the right of the Visitor to receive the information on the collected data, voluntary characteristic of provision of the consent as well as the right to request its correction, update, addition, blocking, deletion or destruction of the collected data. Additionally, the said consent shall include the information regarding the sharing of acquired data with Aptos;
• If Aptos receives the request from the Visitor to provide the information on the collected data about him/her, Aptos is obliged to provide the Visitor with the requested information immediately. The information provided to the Visitor shall include the following: the specifications of the data being collected, the purpose of the collection of the data, the ground for the collection of such data, the scope of the information that is collected, the manner of collection of the data; These terms and conditions do not apply to the cases where the visitor themselves made their personal identification data publicly available.
• Aptos, within 5 (five) calendar days is obliged to inform the Visitor of any request on correction, renewal, addition, deletion and/or destruction of the data regarding the collection of their identification data. Aptos, within 10 (ten) calendar days, is obliged to take necessary steps from receiving the notification of the request for correction, renewal, addition, deletion and/or destruction of the identification data, when the collected data is incomplete, inaccurate, not updated or collected and proceeded illegally.
• In case the Visitor additionally requests to block the collected data, Aptos shall block the data within 5 (five) calendar days from receiving the said request, when the collected data is incomplete, inaccurate, not updated or collected and proceeded illegally. The decision on blocking the data is in force until Aptos makes decision on the correction, renewal, addition, and/or destruction of the data. The said decision shall be attached to the data, requested to be blocked, throughout the existence of the ground for blocking the collected data.
• In case the Visitor requests to withdraw their consent, Aptos shall cease the collection and/or delete the data within 5 (five) calendar days from receiving the said request.
• Aptos is obliged to inform the Visitor with regards to the correction, renewal, addition, blocking, deletion and/or destruction of the collected data.
• If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible. We will promptly correct any information found to be incorrect.
• By using Aphoto desktop and mobile apps, you agree to submitting patient images and understand their storage will be governed and regulated by these Terms and Conditions. You hereby confirm that any and all patient images will be obtained based on their consent and in full compliance with personal data protection rules.
• Any correspondence regarding the above rights shall be addressed on the following email: hello@aptos.ge

Intellectual Property/Neighboring Rights

• The Visitor is obliged to ensure the protection of the intellectual property rights, including any/all trademark of Aptos at the Visitor’s cost, in its territory;
• The Visitor undertakes the obligation not to submit an application for the intellectual property of Aptos: any patents, designs, trademarks, trade names, symbols, not to register in its or other name (except approved by Aptos) any trademark on the Product or packaging of the Product, by which Aptos supplies the Product to the Visitor in the Territory or elsewhere. Additionally, the Visitor confirms that the intellectual property stated in the present section has not been requested to be registered in the Territory or elsewhere;
• The Visitor does not dispute with Aptos for its property rights and any other intellectual property including patents, trademarks and designs, databases, scientific programs, applications and other intangible property of Aptos;
• The Visitor shall notify Aptos of any actual or potential infringement or violation of Aptos’s patents, designs, trademarks, trade names, symbols or other industrial property rights, that comes to the Visitor’s attention in the Territory;

Settlement of Disputes, Arbitration Clause/Agreement

• Relationship of the Parties is based on collegiality, partnership and interest of long-term cooperation; to resolve the disputable issues, arisen during their relations, the Parties use the negotiations. If the dispute settlement is not reached within 30 (thirty) days from its occurrence, a Party may appeal to the arbitration tribunal;
• All disputes arising out of or in connection with the present Terms and Conditions or related to its violation, termination, execution or nullity shall be submitted to Georgian International Arbitration Centre for final settlement by arbitration under the Arbitration Rules of Georgian International Arbitration Centre (GIAC Rules) by one arbitrator appointed in accordance with these Rules. The place of arbitration shall be in Tbilisi, Georgia. The language to be used in the arbitral proceedings shall be English language;
• The validity of this Arbitration Clause/Agreement shall be governed and construed in accordance with the laws of Georgia.

Applicable Law

• Any questions and disputes relating to this Terms which are not expressly or implicitly settled by the provisions contained in these Terms itself shall be governed by the Civil Code of Georgia (applicable in the Country of Georgia).