Terms of Use
These are the same Terms of Use you accept inside the app. They are reproduced here so you can read them before you download it.
In short:
- TRMR is an educational tool. It does not diagnose any condition and is not medical advice or a medical device.
- It is meant to help you gather and organize information to share with, and for use by, licensed healthcare providers — only a provider who examines you can diagnose or treat you.
- Using it does not create a provider–patient relationship with us, and it is not for emergencies — call 911 if you may have one.
- It does not measure, score, or rate your tremor. Your drawings are recorded so a doctor can look at them, and the app forms no opinion about them.
- Your information stays on your device. Nothing is uploaded. If you want a doctor to have your summary, you print or send it yourself.
If you may be having a medical emergency, stop and call 911 (or your local emergency number). Do not use this app to decide whether an emergency is real.
1. Agreement to these Terms
These Terms of Use (“Terms”) are a binding agreement between you and Who's In Labs, LLC (“TRMR,” “we,” “us,” or “our”), which operates The TRMR App (the “App”). By downloading, opening, or using the App, you agree to these Terms and to the privacy practices described in the App. If you do not agree, do not use the App.
You must be at least 18 years old and able to enter into a binding contract to use the App. If you use the App to help another person (for example, a family member), you confirm you are authorized to do so and to accept these Terms on their behalf.
2. The App is educational and informational only — not a medical device
The App is an educational and informational tool. It helps you learn about tremor, record simple drawings, and organize information you may choose to share with licensed healthcare providers.
The App is NOT a medical device. It has not been cleared or approved by the U.S. Food and Drug Administration or any other regulator, and it is not intended to diagnose, cure, treat, mitigate, or prevent any disease or condition.
The App does not measure, score, rate, or assess your tremor, and it produces no frequency, severity, pattern, or other finding. It records the drawings you make and the answers you give, and reproduces them for a clinician to interpret. Any interpretation is the clinician’s, not the App’s.
3. No medical advice; no diagnosis; no provider–patient relationship
The App does not provide medical advice and does not diagnose any condition. Nothing in the App is a substitute for the judgment of a licensed healthcare professional who has examined you.
Using the App does not create a physician–patient, provider–patient, or any other treatment relationship between you and us. We are not your healthcare provider.
Always seek the advice of a licensed physician or other qualified health professional with any questions you have about a medical condition. Never disregard professional medical advice, or delay seeking it, because of something you saw in the App.
4. Intended use — to help your care team
The App is designed so that YOU can gather and organize information — such as your history and your drawings — and so that LICENSED HEALTHCARE PROVIDERS you choose can consider that information as part of your care.
Only a licensed healthcare provider who evaluates you can interpret the information, reach a diagnosis, and recommend treatment. Any decision about your health is between you and your provider.
The App does not itself provide, arrange, or refer you for medical care, and it does not guarantee that any provider or center will accept you as a patient or use any information you share.
5. Not for emergencies
The App is not designed for medical emergencies. If you think you may have a medical emergency, call 911 (or your local emergency number) or go to the nearest emergency room immediately. Do not rely on the App in an urgent or life-threatening situation.
6. Your responsibilities
You agree to use the App only for your own personal, non-commercial, informational purposes, and to provide accurate information and follow the on-screen instructions when performing tasks.
You understand that what the App records depends on how carefully the drawing tasks are performed and on your device, that a drawing captures only a moment, and that educational content is general and may not reflect the most current clinical thinking.
- Do not rely on the App for any diagnostic or treatment decision.
- Decide for yourself whether and with whom to share your information, and consult a qualified professional about anything that concerns you.
- Do not use the App unlawfully, and do not interfere with, reverse engineer, decompile, copy, resell, or misuse the App or its content.
7. Your information, privacy, and sharing
Your drawings, answers, and the summary built from them are stored on your device and are never transmitted to us. The App has no feature that sends them anywhere. See “About & privacy” in the App for details.
You can delete everything the App has stored using “Delete all my data” in the App. Because we never receive it, there is nothing on our side to delete.
If you want a clinician to have your summary, you export it yourself using your device’s own sharing features. Anything you send, you send yourself: once it leaves your device it is governed by the service, carrier, and recipient you chose, not by these Terms. Ordinary email is generally not a secure or confidential channel. Health information is sensitive, and keeping your device secure is your responsibility.
8. Center listings are informational, not an endorsement
The App may list medical centers and programs for your convenience. These listings are informational only. They are not a recommendation, endorsement, referral, or warranty of any provider, and they do not reflect any provider's suitability for your specific situation. Verify any information — including services, insurance, and availability — directly with the center. A “featured” or “partner” designation reflects a business listing arrangement and does not imply superior care.
9. Intellectual property and license
The App and its content — including text, graphics, images, software, and design — are owned by us or our licensors and are protected by intellectual-property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the App for your own informational purposes, subject to these Terms. All rights not expressly granted are reserved.
The App may reference third-party research, links, or images with attribution. We are not responsible for third-party content, and any reference does not imply endorsement.
10. Disclaimer of warranties
THE APP AND ALL CONTENT AND OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE APP WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, OR ERROR-FREE, OR THAT ANY MEASUREMENT, PATTERN, OR OTHER OUTPUT IT PRODUCES IS CORRECT. Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.
11. Assumption of risk and limitation of liability
You acknowledge that tremor and other neurological symptoms require professional evaluation, that the App cannot perform a neurological examination, and that you use the App and act on any information from it at your own risk.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR OWNERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, LOSS OF GOODWILL, OR PERSONAL INJURY OR OTHER DAMAGES, ARISING FROM YOUR USE OF (OR INABILITY TO USE) THE APP OR FROM ANY HEALTH DECISION MADE IN CONNECTION WITH IT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE APP WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US FOR THE APP IN THE 12 MONTHS BEFORE THE CLAIM OR US $50. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
12. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your misuse of the App, your violation of these Terms, or your violation of any law or the rights of any third party.
13. Changes to the App and these Terms
We may change, suspend, or discontinue the App at any time. We may also update these Terms. If we make material changes, we will ask you to review and accept the updated Terms in the App, and your continued use after an update means you accept the updated Terms. The effective date and version shown above indicate the current version.
14. Termination
You may stop using the App at any time and delete it and your data. We may suspend or end your access if you violate these Terms. Provisions that by their nature should survive — including the disclaimers, limitation of liability, indemnification, and dispute terms — will survive termination.
15. Governing law and dispute resolution
These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-laws rules.
Please contact us first so we can try to resolve any concern informally. To the fullest extent permitted by law, any dispute that cannot be resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, and you and we each waive any right to a jury trial and to participate in a class or representative action. You may opt out of arbitration within 30 days of first accepting these Terms by contacting us. Either party may still bring a qualifying claim in small-claims court. This section does not waive any right you cannot waive under applicable law.
16. Apple App Store
If you obtained the App from the Apple App Store: these Terms are between you and us, not Apple; Apple is not responsible for the App or its content and has no obligation to furnish support; Apple is a third-party beneficiary of these Terms and may enforce them; and any claim that the App fails to conform to an applicable warranty will be handled as provided in the App Store terms, to the extent not disclaimed above.
17. General
These Terms, together with the privacy information in the App, are the entire agreement between you and us regarding the App. If any provision is held unenforceable, the remaining provisions stay in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them to an affiliate or successor.
18. Contact
Questions about these Terms? Contact Who's In Labs, LLC at admin@whosinlabs.com.