Last Updated: April 2025
This end user license agreement (this “Agreement”) is a legal agreement between Tissue Health Plus LLC (“Tissue Health Plus”) and you (“You”) governing Your installation and use of the mobile application entitled Tissue Health Plus Clinician App (the “App”). The App is provided to you by Tissue Health Plus on behalf of the wound care provider, podiatrist, physician or group thereof using the Tissue Health Plus platform (“Provider”). You must be a clinician using the App to care for patients at this time.
We may update this Agreement at any time, and future updates are effective as soon as they are published. If you use the App, you agree to this Agreement and consent to the use of your information as described in the linked Privacy Policy. Your license to the App is subject to your prior acceptance of this Agreement. Tissue Health Plus reserves all rights in and to the App not expressly granted to you under this Agreement.
The App is not a substitute for Your professional clinical judgment but rather a supplementary tool. You retain ultimate control over all clinical decision making in connection with your use of the App and Tissue Health Plus services. The commercial agreement between Tissue Health Plus and the Provider (the “Provider Agreement”) details the responsibilities of Provider and Tissue Health Plus regarding the App.
a. Scope of License
Tissue Health Plus grants to you a non-transferable license to use the App as permitted herein and in the Provider Agreement. The terms of this Agreement will govern any content, materials, or services accessible from the App as well as upgrades provided by Tissue Health Plus that replace or supplement the original App, unless such upgrade is accompanied by a new EULA. You may not transfer, redistribute or sublicense the App and, if you sell your mobile device to a third party, you must remove the App from the mobile device before doing so. You may not copy (except as permitted by this license and the commercial agreement), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the App).
b. Consent to Use of Data
You agree that Tissue Health Plus may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the App. Tissue Health Plus may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. In addition to the terms of this Agreement, Your access to and use of the App is subject to Tissue Health Plus’s then-current Privacy Policy, available at www.tissuehealthplus.com/legal/privacy-clinician for Clinicians (the “Privacy Policy”). You expressly consent to the use and disclosure of personally identifiable information and other data and information as described in the then-current Privacy Policy for the App.
c. Training and Support
Tissue Health Plus provides initial training on the use of App and related services in the agreement between Tissue Health Plus and the Provider. Thereafter, Provider is responsible for your training. For all technical support questions, please first consult the online knowledge base at www.tissuehealthplus.com/support/, where self-service documentation, video tutorials, and FAQs are available. You may escalate issues by submitting a ticket, and that process requires documentation of Your prior self-help attempts through the knowledge base. You may direct technical support questions and any other questions, complaints, or claims regarding the App to the Provider.
If You still have questions or the Provider is unable to provide a response, any remaining questions, complaints, or claims with respect to the App should be directed to Tissue Health Plus at the address below.
Tissue Health Plus
1200 Summit Ave #414, Fort Worth, TX 76102
info@tissuehealthplus.com
d. Termination
This Agreement is effective until terminated by you or Tissue Health Plus. Your rights under this Agreement will terminate automatically if you fail to comply with any of its terms.
e. External Services
The App may enable access to certain Tissue Health Plus and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. Tissue Health Plus is not responsible for examining or evaluating the content or accuracy of any third-party External Services and shall not be liable for any such third-party External Services. Data displayed by any App or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Tissue Health Plus or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Agreement or that infringes the intellectual property rights of Tissue Health Plus or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Tissue Health Plus is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Tissue Health Plus reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
f. No Warranty
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND TISSUE HEALTH PLUS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TISSUE HEALTH PLUS OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APP OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
g. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL TISSUE HEALTH PLUS BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF TISSUE HEALTH PLUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Tissue Health Plus’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
h. Export Compliance
You may not use or otherwise export or re-export the App except as authorized by United States law. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
i. Commercial Items
The App and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
j. Choice of Law, Venue
Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Tissue Health Plus shall be governed by the laws of the State of Delaware, excluding its conflicts of law provisions. You and Tissue Health Plus agree to submit to the personal and exclusive jurisdiction of the courts located within New Castle County, Delaware to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
k. Additional Terms For iOS Users Only
i. You acknowledge that Apple does not provide technical support to You or any end user of the App. Tissue Health Plus provides support as described above.
ii. This Agreement is solely between You and Tissue Health Plus, not Apple. As between Tissue Health Plus and Apple, Tissue Health Plus, not Apple, is responsible for the App and the terms of this Agreement. However, Apple and Apple’s subsidiaries are third party beneficiaries of the Agreement. Once You accept this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You.
iii. Apple is not responsible or liable for the App or the App content and is not responsible for addressing any claims by You or any third party relating to the App or Your possession and/or use of the App, including without limitation: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple has no obligation to provide maintenance or support services for the App.
iv. In the event of any third party claim that the App or possession and use of that App by You infringes on any third party’s intellectual property rights, as between Tissue Health Plus and Apple, it is Tissue Health Plus and not Apple that will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
v. In the event the App fails to conform to any applicable warranty, You may notify Apple and You will be refunded any purchase price, if applicable, for the App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and Apple has no responsibility for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. As between Tissue Health Plus and Apple, Tissue Health Plus, not Apple, is responsible for addressing any claims relating to the App or Your possession and/or use of the App. Such claims may arise under consumer protection, privacy, or similar legislation, including in connection with Your App’s use of the HealthKit framework, if any.
vi. In addition to the license terms above, You may also access, acquire, and use the App on other accounts associated with You via Family Sharing or volume purchasing. Your use of the App is also subject to any applicable Apple terms or service. The license granted in a. Scope of License above allows you to use the App on any Apple-branded products that you own or control.
