SimFolio Terms of Service

Please read these Terms of Service ("Terms") carefully before using the SimFolio mobile application (the "App"). By downloading, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.

1. Acceptance of Terms

By using SimFolio, you represent that you are at least 17 years of age and have the legal capacity to enter into these Terms. If you are using the App on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Service

SimFolio is a personal portfolio management application designed to help users organize and manage their own educational and professional content. The App provides tools for capturing, organizing, and reviewing portfolio materials stored locally on your device.

3. User Responsibilities

You are solely responsible for:

• All content you create, capture, store, or manage using the App
• Ensuring your use of the App complies with all applicable laws, regulations, and institutional policies
• Obtaining all necessary consents and permissions before capturing images of any individuals, patients, or clinical settings
• Complying with HIPAA, FERPA, and any other applicable privacy regulations if your content includes protected information
• Maintaining the security of your device and preventing unauthorized access to your content
• Backing up any content you wish to preserve, as all data is stored locally on your device
• Any sharing or export of content outside the App

4. Health Information and HIPAA Disclaimer

We do not access, collect, transmit, store, or process any Protected Health Information (PHI) as defined under the Health Insurance Portability and Accountability Act (HIPAA). All content you create or store in the App remains exclusively on your personal device under your sole control.

If you choose to photograph or store images that may contain identifiable patient information or other sensitive health data, YOU assume full responsibility for:

• Compliance with HIPAA and all applicable healthcare privacy laws
• Obtaining proper patient consent and authorization
• Following your institution's policies regarding clinical photography
• De-identifying images as required by applicable regulations
• Maintaining the confidentiality and security of such information

By using this App, you acknowledge that SimFolio and its developers bear no responsibility for your compliance with healthcare privacy regulations and will not be liable for any violations of such regulations arising from your use of the App.

5. Subscriptions and Payments

SimFolio offers subscription-based access to certain features. By purchasing a subscription, you agree to the following:

• All payments are processed through Apple's App Store and are subject to Apple's terms and conditions
• Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period
• You can manage and cancel subscriptions through your Apple ID account settings
• Refunds are handled by Apple according to their refund policies
• Prices may change with reasonable notice, and any price changes will apply to subsequent subscription periods

6. Intellectual Property

The App, including its design, features, code, graphics, and documentation, is owned by SimFolio and is protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the App for personal, non-commercial purposes in accordance with these Terms.

You retain all rights to the content you create and store within the App. We claim no ownership or rights to your content.

7. Prohibited Uses

You agree not to:

• Use the App for any unlawful purpose or in violation of any applicable laws
• Attempt to reverse engineer, decompile, or disassemble the App
• Remove, alter, or obscure any proprietary notices in the App
• Use the App to infringe on the rights of others, including intellectual property and privacy rights
• Use the App as an official medical record or clinical documentation system

8. Disclaimer of Warranties

We do not warrant that the App will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or usefulness of any information provided through the App.

The App is intended for personal organizational purposes only. We make no representations or warranties regarding the App's suitability for clinical, medical, legal, or regulatory compliance purposes.

9. Limitation of Liability

• Loss of data or content
• Loss of profits or revenue
• Personal injury or property damage
• Violations of privacy laws or regulations arising from your use of the App
• Unauthorized access to your device or content
• Any claims arising from content you create, store, or share

Our total liability for any claims arising from or related to these Terms or your use of the App shall not exceed the amount you paid for the App in the twelve (12) months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless SimFolio, its developers, affiliates, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the App
• Content you create, store, or share using the App
• Your violation of these Terms
• Your violation of any applicable laws or regulations, including healthcare privacy laws
• Your violation of the rights of any third party

11. Termination

We reserve the right to terminate or suspend your access to the App at any time, with or without cause, and with or without notice. Upon termination, your right to use the App will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to warranty disclaimers, limitations of liability, and indemnification provisions.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting updated Terms within the App and updating the "Effective Date." Your continued use of the App after any changes constitutes your acceptance of the new Terms.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any disputes arising from or related to these Terms or your use of the App shall be resolved exclusively in the state or federal courts located in Los Angeles County, California, and you consent to the personal jurisdiction of such courts.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and SimFolio regarding your use of the App and supersede any prior agreements.

16. Contact Information

If you have any questions about these Terms, please contact us at:

By using SimFolio, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.