Terms and Conditions of Use — Endoscopy Reporter · iPad

Please read these Terms and Conditions ("Terms") carefully before using Endoscopy Reporter for iPad ("the app"). These Terms, together with the Privacy Notice, are shown the first time you open the app and you must accept them in order to use it: if you do not accept them, you will not be able to use the app.

By accepting them (or by installing, opening or using the app), you confirm that you had the opportunity to review these Terms and the Privacy Notice, and that you accept them freely. If you do not agree with them, or if you have material doubts about their scope, you should refrain from using the app until those doubts are resolved. You are responsible for how you use the app and for the data you handle in it.

At a glance

• It is a local, personal documentation tool, not a medical device. It does not diagnose, does not interpret images, and does not replace your clinical judgment or your medical equipment.
• It is not an official clinical record. It is not designed or offered as an electronic health record, EHR/EMR, hospital system, PACS, or institutional medical archive.
• Your data lives on your device. The Developer neither receives nor can recover it, and does not know your password.
• The app may delete information automatically if you enable automatic retention of recent cases, and it empties the trash after 30 days. You choose and authorize those criteria.
• You are responsible for the clinical content, for backups, and for complying with the laws of your country.
• Patient consent is yours to obtain. The app documents the study and generates its report; any other use of the material requires you to seek separate permission from the patient.
• Logos you upload are yours and your responsibility. The app ships only its own; it preloads no hospital or third-party brands.
• It is provided "as is", with limited liability for the Developer.

This summary is indicative only; the full sections below govern.

Table of contents

• 1. Nature of the app
• 2. Professional use and medical responsibility
• 3. Requirements, capture hardware and compatibility
• 4. Versions, licenses, trial period and purchases
• 5. Physician profile, iPad authentication and backup credentials
• 6. Patient data and privacy
• 7. Patient consent and the purpose of capture
• 8. Local security and encryption
• 9. Record integrity: study date and versions
• 10. Automatic retention, trash and deletion of information
• 11. Backups and data loss
• 12. Software license
• 13. Intellectual property, signature and logos
• 14. Disclaimer of warranties
• 15. Limitation of liability
• 16. Updates and changes
• 17. Termination
• 18. App Store distribution and Apple terms
• 19. Governing law, jurisdiction and international use
• 20. Language
• 21. Contact

1. Nature of the app

Endoscopy Reporter is a local personal/professional documentation tool for healthcare professionals. It allows capturing images and video of endoscopic procedures from a capture card connected to the device, organizing information entered by the user, and generating reports in PDF format, all locally on the user's device.

The app is NOT a medical device, does not perform diagnoses, does not interpret images, does not detect lesions, and does not generate clinical recommendations. It is exclusively a tool for the physician to document their own work. Any finding, conclusion, diagnostic impression, indication or recommendation appearing in a report is written by the physician at their own discretion and under their own responsibility.

Personal, local and non-substitutive use. The app is a complementary tool for the physician's personal/professional use, intended solely to store, organize and document their own daily practice on their device. It is not designed, certified or offered as an official clinical record, electronic health record, EHR/EMR, hospital system, PACS, institutional medical archive system, or single source of clinical truth. Nor does it substitute, replace or intend to replace medical-grade equipment, instruments, the official systems the professional uses, or their clinical judgment. The app must not be used as a means of issuing definitive diagnoses or definitive clinical recommendations. Any definitive diagnosis, conclusion, indication or recommendation is the physician's exclusive responsibility and must be based on the appropriate equipment, studies and clinical means.

Deliberate scope. The app records only what the physician chooses to capture and write for their own documentation. The absence of fields, sections or areas typical of an institutional record — for example, a complete clinical history, exhaustive background, or progress notes — is a design decision consistent with the above and does not constitute a defect or an omission of the app.

By accepting these Terms, the user acknowledges and agrees to all of the above.

2. Professional use and medical responsibility

The app is intended for qualified healthcare professionals. The user is solely responsible for:

• The content documented in the reports (findings, conclusions, indications and recommendations written by the physician).
• Medical decisions taken during or after the procedure.
• Verifying that patient and study information is correct before generating, printing, exporting or sharing a report.
• Deciding whether a copy of the report is incorporated into any external record or system, which lies outside the design and control of the app.
• Supervising the procedure and the patient. The app does not watch, alert or monitor vital signs or any condition of the patient.

3. Requirements, capture hardware and compatibility

The app requires an iPad compatible with the iPadOS version stated on the App Store listing and, for capture features, an external video capture card compatible with the UVC standard, connected to the iPad's USB-C port and to the endoscope's video output.

The capture card, cables, adapters, hubs, power supply and endoscope are third-party equipment that the Developer does not manufacture, distribute, certify or control. The Developer does not warrant compatibility, stability, image quality or continuous operation with any particular capture card or endoscope model, nor does it accept responsibility for failures, disconnections, interrupted recordings, dropped frames or loss of material arising from such hardware, its drivers, its power supply or its physical connection.

Prior verification. It is the user's responsibility to test the complete capture chain before using it in a real procedure and to maintain an alternative means of documentation when the nature of the procedure requires it.

4. Versions, licenses, trial period and purchases

The app is offered in different modes or license tiers, described within the app and on its distribution listing. Every tier allows one physician profile per iPad. Tiers may differ, among other aspects, in the procedure types and templates available, customization of the report logo and watermark, and availability of portable backup.

Trial period. The app may include a time-limited trial period beginning at first launch, whose duration is indicated within the app. When the trial ends, access to certain features — or to the app as a whole — may become conditional on acquiring a license. Expiry of the trial does not delete your information, but it may prevent you from accessing or exporting it until you acquire the corresponding license; creating a backup before it ends is recommended.

Test distribution (TestFlight). If you receive the app through TestFlight or another testing program, you understand that it is a pre-release version, that it may contain errors, that it may change or stop working without notice, that the build expires according to platform rules, and that it must not be used as the sole means of clinical documentation. The Developer does not warrant the preservation or migration of data captured in pre-release versions.

Purchases. Where a feature requires a payment (in-app purchase) to be unlocked, the terms and price will be shown before purchase. Purchases are processed through the corresponding distribution platform (Apple's App Store) and are also subject to that platform's terms and refund policies. Unlocking is associated with the user's platform account under that platform's rules. The Developer does not process payments, does not retain card data, and cannot issue refunds directly.

The Developer may adjust versions, features and prices for future acquisitions; changes do not retroactively affect a one-time purchase already made, unless the law or the platform provides otherwise.

5. Physician profile, iPad authentication and backup credentials

The app allows one physician profile per iPad. Opening the app is always protected by device-owner authentication using Face ID, Touch ID or the iPad passcode, depending on what the system supports and has configured. This authentication is performed by iPadOS. The password defined inside Endoscopy Reporter is a backup password: it protects portable backups and is not used to open the app. The Developer receives neither the iPad authentication data nor your backup credentials.

Recovery code. When you set the backup password for the first time, the app generates once only a recovery code that is displayed for you to save. It is an independent, durable secret that allows you to (a) set a new backup password if you forget the current one, and (b) restore your backups even if the password has changed. The Developer does not receive these credentials and cannot recover them for you; treat them with the same care. If you lose both the password and the code, you may irreversibly lose the ability to restore the backups protected by them. These credentials do not replace or modify the authentication required to open the app with the iPad itself.

Earlier backups. You may change your backup password without limit. Backups created before the change keep the password with which they were created and can also be restored with their recovery code. It is your responsibility to keep track of which credential corresponds to each backup.

You are responsible for safeguarding the backup password and recovery code, keeping a secure passcode configured on the iPad, and controlling who has physical and logical access to the device and profile.

6. Patient data and privacy

All information you capture or write (patient data, images, videos and reports) is stored locally on your device. The Developer has no access to that data, does not receive it, does not transmit it to the cloud and does not process it. The app creates no accounts, uses no servers of its own, incorporates no telemetry or analytics, and performs no remote uploads.

Consequently, with respect to your patients' data, you, as the physician user, are the data controller. If you use the app within a clinic, practice or institution, you must also comply with the internal and legal rules applicable to that environment. It is your responsibility to:

• Obtain patient consent where the law requires it, including consent for image and video capture.
• Comply with the data protection and health laws applicable in your jurisdiction (for example, in Mexico, the Federal Law on Protection of Personal Data Held by Private Parties; in the United Kingdom / European Union, the UK GDPR / GDPR; in the United States, HIPAA, as applicable).
• Handle access, rectification, cancellation and objection requests (or equivalents) received from your patients. The Developer cannot handle them because it does not hold the data.
• Safeguard the device and control access to the information.

System backup. If you enable a device backup managed by the operating system or by an Apple service, the app's data may be included in that backup, which is governed by Apple's policies and lies outside the Developer's control. It is the user's decision whether to enable it and to assess whether doing so is compatible with their legal obligations.

Data handling is described in more detail in the Privacy Notice.

7. Patient consent and the purpose of capture

This section describes a responsibility that belongs to the physician and that the app cannot assume on their behalf.

What the patient should be told. Before capturing photographs or video of a procedure, it is for the physician to make the patient aware, in understandable terms, that:

• photographs and/or video of the study will be captured;
• that material, together with the data the physician records, will be used solely to produce the report for that procedure and to keep it as documentation of that episode of care;
• the material is stored on the physician's device and is not sent to the Developer or to any online service;
• the patient retains their rights over that information and may exercise them with the physician, who holds it.

Single purpose. By accepting these Terms, you acknowledge that the app is intended for that one purpose: documenting the procedure and generating its report. Any other use of the material — teaching, publication, conferences, dissemination, promotional material for the practice, research, or any other end — constitutes a different purpose, for which it is your responsibility to obtain from the patient an additional, specific consent, separate from consent to the medical act. The app does not grant that permission and does not presume it, and the fact that the material sits in the app does not authorize it.

Form of consent. Health data is sensitive personal data. In Mexico, the Federal Law on Protection of Personal Data Held by Private Parties in force requires, for processing sensitive data, the data subject's express consent given in writing, and the Mexican official standard on clinical records requires the patient's written authorization to publish or disclose photographs that would allow them to be identified. Equivalent requirements apply in other jurisdictions. It is for the physician to obtain that consent in the form their country's law requires, before capture, and to keep a record of it.

What the app does not do. The app does not collect, manage or retain the patient's consent, and does not verify that it exists. Nor does it substitute for it: acceptance of these Terms is given by the physician, not by the patient, and has no effect as against the patient. The Developer has no way of knowing whether consent was obtained, and assumes no responsibility for its absence, insufficiency, withdrawal or loss.

A practical suggestion. Many physicians address this by adding a section on image and video capture to the informed-consent form they already use, with a separate checkbox for uses other than clinical documentation — one the patient can leave blank without it affecting their care — and keeping that form with the record. This is a suggestion, not an obligation these Terms impose on you.

8. Local security and encryption

The app's structured data (profile, patients, studies and internal settings), study photographs and stored PDF reports are stored encrypted using AES-GCM authenticated encryption; the key is held in the iPad's Keychain.

Videos are stored in the app's own local store, with opaque names (UUID-type identifiers), separate from the database and from the user's visible folders. These files do not contain the patient's name or data in their filename or path, so an isolated file is not attributable to a patient; the patient↔video relationship exists only inside the encrypted database. For reasons of size and performance, video content is not encrypted with AES-GCM by the app, but it is unlinked from the patient's identity and protected by the app's private container and iPadOS file protection.

The PDF report is generated when you request it. To view, print, export or share it, the app creates a temporary copy with a readable name which remains under your exclusive responsibility; any file you export, share or save on your own outside the app's container — including those sent via AirDrop, email or messaging, or saved to another folder or service — likewise remains under your responsibility and outside the scope of the app's encryption.

Effective protection of that information also depends on factors under your control: the iPad passcode, automatic screen lock, biometrics, and control of physical access to the device. Without a passcode configured, iPadOS data protection does not operate and that layer disappears. The Developer holds no copy of your password or of the key and cannot decrypt encrypted data.

9. Record integrity: study date and versions

Study date. The app sets the study date and time automatically, based on the moment capture ends, and that date cannot be edited manually. This restriction is intentional and seeks to prevent a documentary record from showing a date other than the real one. If you need to record a different date for any reason, you must do so in the appropriate system or record, outside this app.

Study versions. Certain corrections to an already-saved study — for example, correcting the patient's name — generate a new version of the study rather than overwriting the previous one, so that the change is evidenced. You are responsible for verifying which version you print, export or share.

The app is not an audit or non-repudiation system and does not purport to meet regulatory requirements for traceability, trusted timestamping or advanced electronic signature.

10. Automatic retention, trash and deletion of information

The app may delete information automatically. Please read this section with particular attention.

Trash. When you delete a study or its media, they move to a trash within the app, where they remain for thirty (30) days from deletion and from which they can be restored. After that period, the app deletes them permanently and irreversibly, with no further intervention or notice. The Developer keeps no copy and cannot recover them.

Automatic retention of recent cases. The app offers, optionally and disabled by default, a feature that retains only the most recent cases according to a criterion you choose and expressly authorize (by number of cases or by date). When enabled, cases falling outside the criterion are moved to the trash and, once the trash period elapses, are permanently deleted. You are solely responsible for choosing the criterion, understanding its effect, and having previously backed up whatever you wish to keep. Each change of criterion is recorded in the app.

Cleanup of unused material. The app may offer tools to free space by deleting captures and recordings that were never linked to a study. Their execution requires user confirmation.

Warning. These features exist to keep the device usable, not to archive. The app is not a long-term preservation archive. If your professional regulations require you to retain records for a given period, it is your responsibility to safeguard them outside the app through backups and exports, before any of the above mechanisms take effect.

11. Backups and data loss

Because the app works locally, making backups is the user's responsibility. The Developer keeps no copy of your data.

The app may offer portable backups in .erbackup files, which may include the physician's profile, signature, patients and studies and, depending on the option chosen, a copy of the media store. In these backups, the information is encrypted with a key protected by your password and by your recovery code; large files are encrypted in blocks to allow processing on devices with limited memory.

Every backup remains in your custody and can be restored with your password or with your recovery code. If you lose both, you will not be able to restore it and the Developer cannot recover them. Keep backups on secure media.

Backup destination. When exporting a backup to an external drive, to Files or to a storage service, the security of the destination lies outside the app's control. Certain external drive formats or certain services may impose file-size limits or alter files; the app warns of this where it can detect it, but it is the user's responsibility to verify that the backup was copied in full and can be restored. Testing the restoration of a backup at least once before relying on it is recommended.

Loss, theft or failure of the device, uninstalling the app, accidental deletion, file corruption, interruption of a restore, or forgetting the password and the recovery code may cause irreversible loss of information. Uninstalling the app may delete its local store and, with it, all data you have not backed up. Keeping periodic backups of your own is recommended.

12. Software license

The Developer grants you a personal, limited, non-exclusive and non-transferable license to use the app in accordance with these Terms and the mode or version acquired, on the devices permitted by the distribution platform's rules. You may not copy, distribute, resell, rent, sublicense, decompile or reverse-engineer the app, except to the extent expressly permitted by law, nor circumvent the limits of the tier contracted.

13. Intellectual property, signature and logos

The app, its code, design, brand and materials are the property of the Developer and are protected by applicable law. These Terms do not transfer to you any intellectual property right over the app. The data, images and reports you generate are and will remain yours (or your patient's/institution's, as applicable).

Physician's signature. The app allows an image of your signature to be added to the report. You are responsible for safeguarding it, for deciding in which reports it is included, and for the consequences of its use. The signature image is kept with your profile and included in the backups you generate.

It is worth bearing in mind that a signature added this way is a graphical representation: the app does not certify it, does not timestamp it, and does not cryptographically bind it to the report's content. It therefore does not constitute an advanced or reliable electronic signature within the meaning of article 97 of the Mexican Commercial Code or its equivalents in other jurisdictions. It serves to identify the author of the report, as a printed signature would, and should be understood that way.

The app's own logo. By default, the app includes only the Endoscopy Reporter logo, which belongs to the Developer and whose use within the app itself is authorized by these Terms. The app does not include, suggest or preload logos of hospitals, clinics, institutions, medical societies or third-party brands. Any other image appearing in your reports got there because you uploaded it.

Logos and materials you add. When uploading any image — logo, brand, seal, header or watermark — you represent that:

• you hold the industrial property and copyright in that image, or
• you have the express and current authorization of its owner to use it in the documents you generate with the app.

A point worth bearing in mind. Working at a hospital or clinic, being affiliated with an institution or holding privileges there does not, by itself, imply authorization to use its logo or its brand in your own documents. That authorization usually rests with the institution's communications, management or legal department. If in doubt, the prudent course is to request it in writing before using the logo, and to keep that authorization.

How this works technically. The images you upload are stored encrypted on your device. The Developer does not see them, does not retain them, does not reproduce them and does not transmit them; the report is composed entirely on your device. Incorporating those images into your reports is therefore an act you perform, on your device and under your exclusive control, without the Developer's involvement or knowledge. The Developer does not review or approve the materials you incorporate.

Third-party claims. If a third party brings a claim against the Developer over the use of an image you uploaded, you undertake to indemnify and hold the Developer harmless from that claim — including awards, settlements the Developer approves in writing, expenses, costs and reasonable attorneys' fees — to the extent the claim arises from breach of the representations above. This obligation survives termination of your license.

Notice and takedown. If the Developer receives a substantiated notice from someone claiming ownership of an image, or has reasonable grounds to suspect an infringement, it may ask you to remove it, disable the custom logo feature, or suspend the license. Before doing so it will notify you and give you a reasonable opportunity to respond or to evidence your right. Because the images are encrypted on your device, the Developer cannot delete them itself: actual deletion depends on you.

Contact for intellectual property claims: support@deltasoto.com.

14. Disclaimer of warranties

The app is provided "as is" and "as available", without warranties of any kind, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, accuracy, or uninterrupted or error-free operation. Use of the app is at your own risk.

Continuous improvement and local factors. The Developer works continuously to improve the app and correct errors as quickly as possible. However, this does not constitute a warranty of performance, availability or absence of faults. The app's operation depends on local factors outside the Developer's control — among others, the device's model and condition, the operating system version, available storage, the device's power and temperature, the video capture card and its connection, other running applications, and the operating system's decisions about suspending background processes — so results may vary from device to device. The Developer is not responsible for failures, interruptions, losses or outcomes arising from such local factors.

15. Limitation of liability

To the maximum extent permitted by law, the Developer shall not be liable for indirect, incidental, special or consequential damages, nor for loss of data, loss of patient information, loss of recordings, lost profits or business interruption, arising from the use or inability to use the app. The Developer's total liability shall in no case exceed the amount you paid for the app in the twelve (12) months preceding the event giving rise to the claim.

16. Updates and changes

The Developer may update the app to improve it, correct errors or comply with legal requirements. An update may modify, replace or remove existing features. The Developer may also amend these Terms; when it does, it will display the updated version in the app and will request your acceptance again. Continued use of the app after a change implies acceptance of the amended Terms.

17. Termination

You may stop using the app at any time and uninstall it. The Developer may suspend or terminate your license if you breach these Terms. Upon termination, you must stop using the app; provisions that by their nature should survive (liability, intellectual property, limitations) will remain in force. Uninstalling may delete the data stored in the app's local store; back up beforehand whatever you wish to keep.

18. App Store distribution and Apple terms

Where the app is obtained through Apple's App Store, the following conditions additionally apply:

• These Terms are entered into between you and the Developer, not with Apple. The Developer, and not Apple, is solely responsible for the app and its content.
• Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the app.
• In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price; to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever.
• The Developer is responsible for addressing any claims by users or third parties relating to the app, including product liability claims, claims of failure to conform to legal or regulatory requirements, and intellectual property infringement claims.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a terrorist-supporting country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and will have the right to enforce them against you as a third-party beneficiary.

19. Governing law, jurisdiction and international use

These Terms are governed by the laws of the United Mexican States. For any dispute, the parties submit to the competent courts of the State of Mexico, Mexico, waiving any other jurisdiction that might correspond to them. The foregoing is without prejudice to the obligations that the law of your country imposes on each physician user with respect to their patients, and to any non-waivable rights granted by the law of the consumer's place of residence.

International use. The app may be downloaded and used in different countries. The user is solely responsible for verifying that their use is lawful and for complying with the laws applicable in their own jurisdiction, including the regulation of the professional practice of medicine and personal data protection laws. The Developer does not warrant that the app complies with the legal or regulatory requirements of every country, nor that it is available or appropriate for use in all jurisdictions; whoever uses it does so on their own initiative and under their own responsibility in accordance with local law.

Local legal verification. Use the app only if your personal/professional use and the local data handling it entails comply with the laws and regulations applicable in your country or region. If your professional environment requires authorizations, validations, privacy notices, technical controls or additional reviews, it is your responsibility to verify them before using the app in real practice. The Developer cannot individually validate the legal, medical or regulatory compliance of each jurisdiction, practice or institution.

20. Language

These Terms are offered in Spanish and English for convenience. In case of discrepancy between the two versions, the Spanish version shall prevail.

21. Contact

For questions about these Terms, write to: support@deltasoto.com.

For browsing this website and contacting DeltaSoto, see the corporate privacy notice.

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