MedEx

BariatricCalc Mobile Application End User Licence Agreement

 

We are a health-tech company co-founded by an experienced Bariatric Surgeon and an innovative Junior Doctor interested in MedTech. Our mission is to enhance patient outcomes in bariatric surgery through advanced technological solutions.

 

Product - BariCalc - A Comprehensive Evidence based calculator to calculate risk, benefits and expected weight loss after Bariatric surgery based on scientific evidence

 

This End User Licence Agreement ("Agreement") is a legal agreement between you, either an individual or a single entity, and BariatricCalc Limited, a company registered in England, company number 14945290, registered address: Flat 90 March Court, Warwick Drive, London, SW15 6LD, for use of the BariatricCalc mobile application, which includes computer software and may include associated media, printed materials, and online or electronic documentation ("Application").

 

Acceptance of Terms

By downloading, installing, and/or using the Application, you agree to be bound by the terms of this Agreement.

 

About Us

This application is developed and managed by a health-tech company, established with the collaboration of an experienced bariatric surgeon and a forward-thinking Junior Doctor who specialises in MedTech. Our core mission revolves around improving patient outcomes in the field of bariatric surgery by leveraging cutting-edge technological advancements.

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Product Description

'BariCalc' is our flagship product, an all-encompassing, evidence-based tool meticulously designed to assess risks, benefits, and anticipated weight loss outcomes following bariatric surgery. This calculator is firmly grounded in scientific research and data, ensuring reliable and accurate projections for its users.

Disclaimer: While 'BariCalc' is a sophisticated and research-based tool, it is imperative to understand that it serves as a supplementary resource and not a substitute for professional medical advice, diagnosis, or treatment. Users are strongly advised to seek the counsel of qualified healthcare providers with any questions they may have regarding a medical condition or treatment options. The information provided by 'BariCalc' is intended to support, not replace, the relationship that exists between a patient/site visitor and his/her existing healthcare provider.

This application is not designed to provide definitive medical solutions or diagnoses, but rather to offer estimates and projections based on the data entered. Consequently, reliance on any information provided by the 'BariCalc' application is solely at the user's risk. The developers and providers of 'BariCalc' explicitly disclaim any liability in connection with the use of this product or the information provided by it.

 

Before making any medical decisions or undergoing any treatment, users must consult with a qualified healthcare professional. The use of 'BariCalc' does not establish a doctor-patient relationship, and any medical decisions should be made in consultation with your healthcare provider, considering your personal health history and circumstances.

The projections and information provided by 'BariCalc' are based on average outcomes and general research. Individual results or experiences may vary, and the app does not account for all possible variations in patient conditions or surgical complications. Therefore, it is crucial that users do not rely solely on this tool for decision-making regarding their health or medical treatments.

By using 'BariCalc', users acknowledge and agree that the developers and providers of the app are not responsible for any direct, indirect, consequential, special, exemplary, or other damages arising therefrom. Users agree to indemnify and hold harmless the developers and providers of 'BariCalc' against any claims or legal proceedings that may arise from its use.

In summary, 'BariCalc' is a valuable tool designed to aid in understanding potential outcomes of bariatric surgery, but it is essential to consult with healthcare professionals for personalized medical advice and before making any decisions related to your health or surgical options.

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Licence Grant

BariatricCalc Ltd hereby grants you a non-exclusive, non-transferable licence to use the Application on a device that you own or control and as permitted by the Usage Rules set forth in the App Store and Google Play Terms of Service.

 

Services

The BariatricCalc Application offers a simple UI for the calculation of various parameters for the use of bariatric surgeons and patients alike. 

BariatriCalc can calculate Body Mass Index, check weight loss and patient progress by using various measurements input by the user. 

The calculations produced by the BariatricCalc Application can only produce results based on information input by the user and cannot predict and assess any additional factors such as patient’s comorbidities, medication use and identification. 

The Application automatically deletes input data upon closing. Data can be exported by sending an email to a selected email address. No patient identifiable data is collected or stored on any physical device or a cloud service. 

The services offered by the BariatricCalc Application are subject to availability and to all provisions of this Agreement. 

 

Push notifications

The app only uses push notifications with your consent. You can always choose the way these notifications will be displayed on your device or even disable push notifications by adjusting your device settings.

 

Restrictions on Use

You shall use the Application strictly in accordance with the terms of the related documentation provided by BariatricCalc Ltd. You shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application; (b) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Application; (c) violate any applicable laws, rules, or regulations in connection with your access or use of the Application; (d) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of BariatricCalc Ltd or its affiliates, partners, suppliers, or licensors.

 

Intellectual Property

Except for the methods described in scientific papers cited in the Schedule, all content included in the Application such as, but not limited to, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of BariatricCalc Ltd.

Under this Agreement, BariatricCalc Ltd and/or its licensors own all the intellectual property rights and materials contained in the Application. You are granted a limited licence only for the purpose of viewing the material contained in the Application.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, licence, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Application, except as expressly permitted in this Agreement. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by BariatricCalc Ltd or its licensors, except for the licences and rights expressly granted in these Terms.

The methods implemented in this Application are discussed in various scientific papers, as indicated in the Schedule, for which BariatricCalc Ltd does not own the rights. The company recognises the intellectual property rights of the authors and institutions responsible for producing these scientific papers and does not claim any ownership or exclusive rights to these methods.

Any feedback, comments, or suggestions you may provide regarding the Application is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

 

No Data Collection

The Application does not collect, store, or process personal data. The Application does not save any calculations or inputs made by you, and all such information is lost once you leave the Application.

 

Payment, Subscriptions and Cancellation

By subscribing to the Application, you agree to pay an annual subscription fee of £3.99 via the App Store or Google Play, depending upon the device you use. You may cancel your subscription at any time via the App Store or Google Play. The cancellation will take effect from the next billing cycle and you will not be eligible for a refund for the billing cycle in which you cancelled.

 

Limitation of Liability

The Application is a tool intended to assist in healthcare calculations and is not intended to replace professional medical advice or judgement. While the Application may be used by healthcare professionals and patients alike, it should not be the sole basis for any medical decisions.

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For healthcare professionals, the Application is to be used as an aid in your work. It is not intended to replace your professional judgement, medical training, or your responsibility to make clinical decisions. We will not be held liable for any decisions or actions taken based on the use of the Application.

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For patients, the Application is not intended to replace the advice of a medical professional, and it is not intended to be used for self-diagnosis or self-treatment. Medical decisions should be made in consultation with your healthcare provider. We will not be held liable for any decisions or actions taken based on the use of the Application.

 

We disclaim any liability and responsibility for any actions taken or not taken as a result of using the Application, to the maximum extent permitted by law. This includes any adverse outcomes, health complications or misunderstandings arising from the use of the Application.

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Disclaimer

The Application is provided "as is" and BariatricCalc Ltd disclaims all representations and warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement of third party rights, to the fullest extent permitted by law. We do not warrant that the Application will function as expected or that it will be uninterrupted or error-free.

 

Indemnification

You agree to indemnify and hold harmless BariatricCalc Ltd, its officers, directors, employees, agents, and licensors from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or relating to any misuse of the Application or violation of this Agreement.

Modification

We reserve the right to amend this Agreement at any time. If we make changes to this Agreement, we will notify you of the changes and you will be required to accept the changes in order to continue using the Application.

 

Dispute Resolution

The parties each agree to make use of the facilities of any available Alternative Dispute Resolution bodies in connection with any claim, dispute or other matter in questions arising out of or relating to this Agreement or a breach or alleged breach with the arbitrator’s decision to be final, conclusive and binding upon the parties. The parties agree that the dispute resolution procedures described in this clause will be the sole and exclusive procedures for the resolution of any disputes which arise out of or are related to this Agreement.

 

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of England and Wales. 

Contact

If you wish to contact us you can do so by emailing at bariatriccala@gmail.com

 

By using BariatricCalc, you acknowledge that you have read this Agreement, understand it and agree to be bound by its terms and provisions. If you do not agree with this Agreement, you should not use the BariatricCalc Application.

 

SCHEDULE 1 CITATIONS

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Cardiovascular Risk PROCAM Score Calculator. 

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Brethauer, S. A., Kim, J., El Chaar, M., Papasavas, P., Eisenberg, D., Rogers, A., Ballem, N., Kligman, M. & Kothari, S. (2015) Standardized outcomes reporting in metabolic and bariatric surgery. Elsevier BV. 

Gorecki, P., McClelland, P. H., Kabata, K., Khusid, E. & Zenilman, M. E. (2021) Weight loss dynamics following laparoscopic Roux-en-Y gastric bypass. An analysis of 10-year follow-up data. Surgical Endoscopy. 35 (9), 5315-5321. 10.1007/s00464-020-08021-5. 

 

Grieco, A., Huffman, K. M., Cohen, M. E., Hall, B. L., Morton, J. M. & Ko, C. Y. (2021a) The Metabolic and Bariatric Surgery Accreditation and Quality Improvement Program bariatric surgical risk/benefit calculator: 30-day risk. Elsevier BV. 

 

Grieco, A., Huffman, K. M., Cohen, M. E., Hall, B. L., Morton, J. M. & Ko, C. Y. (2021b) The Metabolic and Bariatric Surgery Accreditation and Quality Improvement Program bariatric surgical risk/benefit calculator: 30-day risk. Elsevier BV. 

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Karpińska, I. A., Choma, J., Wysocki, M., Dudek, A., Małczak, P., Szopa, M., Pędziwiatr, M. & Major, P. (2021) External validation of predictive scores for diabetes remission after metabolic surgery. Springer Science and Business Media LLC. 

 

Karpińska, I. A., Kulawik, J., Pisarska-Adamczyk, M., Wysocki, M., Pędziwiatr, M. & Major, P. (2021) Is It Possible to Predict Weight Loss After Bariatric Surgery?—External Validation of Predictive Models. Springer Science and Business Media LLC. 

 

Karpińska, I., Kulawik, J., Małczak, P., Wierdak, M., Pędziwiatr, M. & Major, P. (2022) Predicting complications following bariatric surgery: the diagnostic accuracy of available tools. Elsevier BV. 

 

Małczak, P., Wysocki, M., Dudek, A., Rubinkiewicz, M., Vongsurbchart, T. & Pędziwiatr, M. (2020) Feasibility of modified Edmonton Obesity Staging System in bariatric center. Elsevier BV. 

 

Mantziari, S., Thomopoulos, T., Abboretti, F., Gaspar-Figueiredo, S., Dayer, A., Demartines, N. & Suter, M. (2022) Long-term weight loss and metabolic benefit from Roux-en-Y gastric bypass in patients with superobesity. BJS Open. 6 (6), zrac145. 10.1093/bjsopen/zrac145. 

 

Purbhoo, K. K. Anaesthesia for bariatric surgery. 

 

Susmallian, S., Danoch, R., Raskin, B., Raziel, A., Barnea, R. & Dvora, P. (2020) Assessing Bleeding Risk in Bariatric Surgeries: A Retrospective Analysis Study. S. Karger AG. 

 

Turner, M., Vigneswaran, Y., Dewey, E., Wolfe, B. M., Stroud, A. M., Spight, D., Flum, D. R., Courcoulas, A., Mitchell, J. E., Pories, W. J., Pomp, A. & Husain, F. A. (2019) Weight loss and co-morbidity resolution between different races and ethnicities after gastric bypass. Surgery for Obesity and Related Diseases : Official Journal of the American Society for Bariatric Surgery. 15 (11), 1943-1948. 10.1016/j.soard.2019.09.061. 

 

van Rijswijk, A., van Olst, N., Schats, W., van der Peet, D. L. & van de Laar, A. W. (2021) What Is Weight Loss After Bariatric Surgery Expressed in Percentage Total Weight Loss (%TWL)? A Systematic Review. Obesity Surgery. 31 (8), 3833-3847. 10.1007/s11695-021-05394-x.