HealthBeacon Limited
Terms of Use
These Terms of Use ("Terms of Use"
or “Terms”) are a legal contract between you (You/Your” or "User")
and HealthBeacon Limited (“Us”, “We”, “Our”, or “HealthBeacon”), creators of
the HealthBeacon web portal application and mobile application (the “Application”
or “App”) and HealthBeacon website located at http://www.healthbeacon.com (the “Websites”), and which govern Your use
of the Application, Smart Sharps Bin and the websites and all of the text,
data, information, graphics, software, photographs, functionality, and more
(all of which We refer to as the “App”). These Terms apply to individuals using
the the HealthBeacon program,
our Smart Sharps Bin the “HealthBeacon Unit”, the Application, the Websites and
all related services (collectively, the “HealthBeacon Service”). By accepting these Terms of Use and using the
App, you acknowledge that you have read, understand, and agree to these Terms
and Our Privacy Notice. Any capitalized terms not defined in these Terms are
defined in the Privacy Notice.
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS
OF USE BEFORE USING THE HEALTHBEACON
SERVICES (DEFINED BELOW).
YOUR USE OF OUR WEBSITES AND THE HEALTHBEACON
SERVICE IS SUBJECT TO AN ARBITRATION PROVISION IN SECTION 23 OF THIS AGREEMENT,
REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION. PLEASE
CAREFULLY REVIEW SECTION 23 OF THIS AGREEMENT FOR MORE INFORMATION BY
DOWNLOADING AND/OR USING THE APP, YOU ARE CONSENTING TO BE BOUND BY AND ARE
BECOMING A PARTY TO THIS AGREEMENT. IF YOU ARE NOT ELIGIBLE OR YOU DO NOT WISH
TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE APP SERVICE. BY
ACCEPTING THESE TERMS OR BY USING THE HEALTHBEACON SERVICE, YOU ACKNOWLEDGE THAT
YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND
CONDITIONS, INCLUDING THE PRIVACY NOTICE.
The use of the HealthBeacon Unit, including
the App, is governed by this document and the use of the HealthBeacon Service
is a contract solely between you and HealthBeacon Limited.
By agreeing to these Terms, you represent and
warrant to us that: (a) you are at least 18 years of age, or legal guardian
must agree to these Terms of Use and be the primary responsible party for the HealthBeacon
Service in its entirety (b) you have not previously been suspended or removed
from the HealthBeacon Service, and (c) your registration and your use of the
HealthBeacon Service is in compliance with all applicable laws and regulations
in your local jurisdiction. If you are using the HealthBeacon Service on behalf
of an entity, organization, or company, you represent and warrant that you have
the authority to bind that organization to these Terms and you agree to be
bound by these Terms on behalf of that organization.
These terms only apply to US residents. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we will notify you of the modified Terms by email to the address you provided in your user profile. All modifications to these Terms will be effective immediately upon posting of the updated Terms on the Websites. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose. Your sole and exclusive remedy, if you do not agree with any modification to these Terms, is to cancel your User Account. You may not amend or modify these Terms under any circumstances.
1.Definitions
"You or yours" refers to you as the
person who has submitted your personal information to HealthBeacon agreeing to
the HealthBeacon program and service. Where applicable, the term “You” shall
also refer to the patients whose personal data is being collected, regardless
of whether the patient is also the User.
“Healthcare Professional” refers to the
licensed member(s) of the medical, dental, pharmacy or
nursing professions who may prescribe to you a pharmaceutical product or
medications that may be suitable for use with the HealthBeacon Services.
"We or our" refers to HealthBeacon
Limited, a company incorporated under the laws of Ireland (registration number
530689), having its registered office at Unit 20, Naas Road Business Park,
Muirfield Drive, Naas Road, Dublin 12, Ireland.
2.The App and Devices
A. The App. The App is intended to be used in conjunction with the HealthBeacon
Unit and/or other connected medical devices (the Sharps Unit and other devices
are collectively, “Devices”). The App and Devices are part of the HealthBeacon
Injection Care Management System and intended to provide a convenient program
for Users and/or their caregivers, as applicable to use to keep track of their
adherence to prescribed medication regimens. Neither the App nor Devices are
intended for continuous patient monitoring or in such a way that would allow
immediate clinical action in an emergency situation.
B. The Devices. The HealthBeacon Unit is a cloud-connected medical sharps bin designed to support patients who self-administer injectable medications at home. When a User administers their medication and drops the used needle into the HealthBeacon Unit, the HealthBeacon Unit records that the patient administered their medication and syncs with the App to maintain up-to-date adherence records. The HealthBeacon Unit can be programmed to remind patients to take their medication via SMS text (if the User opts in), the App or via the device itself. Users may also receive other connected devices, such as a Bluetooth enabled weight scale, to record and automatically transmit the User’s weight to the App.
3.Medical Disclaimer
HealthBeacon and the HealthBeacon Services do NOT provide medical
advice. The HealthBeacon Services are not intended to be a substitute for professional
medical advice and should not be relied on as health or personal advice.
Always seek the guidance of your Healthcare Professional
with any questions you may have regarding your health or a medical condition.
Never disregard the advice of a professional, or delay in seeking it because of
something you have read on the HealthBeacon Services.
THE APP CANNOT AND IS NOT DESIGNED, INTENDED,
OR APPROPRIATE TO REPLACE THE RELATIONSHIP BETWEEN HEALTHCARE PROFESSIONALS AND
PATIENTS OR TO ADDRESS SERIOUS, EMERGENT, OR LIFE-THREATENING MEDICAL
CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES. IF YOU THINK YOU MAY
HAVE A MEDICAL EMERGENCY OR LIFE-THREATENING SITUATION, CALL YOUR HEALTHCARE
PROFESSIONAL AND GO TO THE NEAREST HOSPITAL OR EMERGENCY ROOM. FURTHER, YOU
ACKNOWLEDGE THAT IF YOU USE THE SERVICE AND APP DURING OR IN RELATION TO AN
EMERGENT, SERIOUS, OR LIFE-THREATENING CONDITION, SUCH USE IS AT YOUR SOLE
RISK. HEALTHBEACON IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR
ACTION TAKEN IN RELIANCE UPON INFORMATION INCLUDED IN THE SERVICE AND APP.
HEALTHBEACON IS NOT LIABLE TO ANY USER
OR PERSON FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF ANY healthcare
professionals OR CLINICIANS/CAREGIVERS, WHETHER OR NOT RELYING UPON
INFORMATION COLLECTED, GENERATED, OR STORED VIA THE APP.
4.Adverse Event.
If you have an unexpected or negative reaction (an “Adverse Event”) that
may be related to the use of a medical product, such as the HealthBeacon Unit,
it is important that you inform your Healthcare Professional and also report it
to the company that makes or sells the product so it can investigate the
incident. You may report the product and Adverse Event to us at support@healthbeacon.com.
You can also report the problem to the United States Food and Drug
Administration (FDA) at https://www.fda.gov/medwatch/index.html or your local FDA. We will take the necessary steps following any
notice of an Adverse Event.
5. Notifications and Reports
A.
Push Notifications.
HealthBeacon may present you with notifications, alerts or suggested actions
based on HealthBeacon’s analysis of your historical data and other information
you have provided to HealthBeacon. Those notifications or suggested actions, or
lack thereof, are not an indication of your health, nor are those notifications
or suggested actions intended to replace the opinion of your Healthcare
Professional. It is your responsibility to present your data to your Healthcare
Professional and to discuss with your Healthcare Professional what the proper
course of action is based on your medical history. HealthBeacon makes no
representations about the accuracy, reliability, completeness, or timeliness of
any push notifications, as parts of the process are outside of HealthBeacon’s
control. You accept that any reliance on these will be at your own risk, and
HealthBeacon disclaims all liability arising from your use of them. You agree
that HealthBeacon may send push notifications to your mobile device for
HealthBeacon Service-related or marketing purposes if they are enabled and per
the Privacy Notice. You may turn off push notifications through your device
settings.
You accept the smart reminders and
interventions that you receive from the HealthBeacon program that are based on
the information that the HealthBeacon team have received from you. If your
schedule changes, please update your information in the App or contact a member
of the HealthBeacon customer care team to discuss.
Questions and information collected through
the App are designed for informational and/or research purposes and to identify
potential patterns in symptomologies and treatments; the App and/or any data
derived from the App are in no way intended to replace the independent clinical
judgement of a qualified Healthcare Professional.
B. Reports. You may use the App to view reports from the App, which include information such as a User’s proxy adherence score and injections tracked. Please note that by capturing disposal of injection, the HealthBeacon Services are acting as a proxy that the patient has taken their medication, and that any reports should not be considered proof that a User has taken their medication. Any reports generated from HealthBeacon serve the same purpose: to provide you more information with which to consult your Healthcare Professional, not as a substitute to consulting your Healthcare Professional. These reports are intended as information only. Recommendations based on your data can only be accomplished by your Healthcare Professional. It is your responsibility to present your medical data to your Healthcare Professional and medical team for proper analysis.
6. Account
When you register for a
User Account, you may be required to provide us with some information about
yourself including personal information such as your name, email address,
password, gender, height and birthdate. You may choose to provide additional
information to us. You agree that the information you provide to us is accurate
and that you will keep it accurate and up-to-date at all times. When you
register, you will be asked to provide a password. You are solely responsible
for maintaining the confidentiality of your User Account and password, and you
accept responsibility for all activities that occur under your User Account. If
you have reason to believe that your User Account is no longer secure, then you
must immediately notify us at support@healthbeacon.com .
The App is designed to require users to
create a username and password to access and use the App. Your username and
password are, collectively, Your “User Credentials.” You are solely responsible
for (A) maintaining the strict confidentiality of Your User Credentials, (B)
not allowing another person to use Your User Credentials to access the App, (C)
any and all damages or losses that may be incurred or suffered as a result of
any activities that occur under Your User Credentials, regardless of whether
You were aware of those activities. You agree to immediately notify
HealthBeacon in writing by email of any unauthorized use of Your User
Credentials or any other compromise of the security of Your User Account.
HEALTHBEACON IS NOT AND SHALL NOT BE LIABLE
FOR ANY HARM ARISING FROM OR RELATING TO THE THEFT OF YOUR USER CREDENTIALS
AND/OR ANY RESULTING ACCESS TO YOUR PERSONAL DATA, YOUR DISCLOSURE OF YOUR USER
CREDENTIALS, OR THE USE OF YOUR USER CREDENTIALS BY ANOTHER PERSON OR ENTITY
REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE.
7. Your Representations and Warranties.
By registering for a User Account and using
the App, You represent and warrant that:
- You are at least 18 years old and are
otherwise legally qualified to enter into and form contracts under
applicable law.
- All of the information, data and other
materials provided by you, including but not limited to your registration
data information, is true, accurate, current, and complete.
- You will update Your registration data
information as needed to maintain its accuracy.
- You agree that you are a resident in of
the United States.
- You will use the service and/or App in a
manner consistent with all applicable laws, rules and regulations and these
Terms of Use, as they may be amended by HealthBeacon Limited from time to
time.
- You are authorized to create a User
Account (either for Yourself or another person) and You agree to not
disclose your authorization credentials (username and password) to any
third party.
- You will not access or use the
HealthBeacon Service except as expressly permitted by these Terms and any
additional instructions, guidelines or policies issued by HealthBeacon,
including those posted in the HealthBeacon Service.
- By using the App, you represent and
warrant that You have the legal authority to share Your and/or Your
dependent’s health data and other Personal Data (as that term is defined
in the Privacy Notice) with Us. Our use of the information You provide to
Us via the App is subject to the Privacy Notice in effect at the time we
use it.
8. Access through Mobile Devices
Your contract with your mobile network
provider (“Mobile Provider”) will
continue to apply when accessing or using the HealthBeacon Services on your
mobile, handheld device (“Mobile Device”).
You understand that your Mobile Provider may charge you fees for your use of
its network connection while accessing or using the HealthBeacon Services, for
data downloading, e-mail, text messages, for roaming, and other Mobile Provider
or third party charges. Standard messaging rates may apply. YOU ACCEPT
RESPONSIBILITY FOR ALL MOBILE PROVIDER FEES. Please review our Privacy Notice
for more information on how we administer SMS text messaging, including details
on how to opt-out.
9. License and Proprietary Rights
(collectively, the “HealthBeacon Technology”) and any and all
intellectual property rights worldwide in the foregoing, including all
improvements, modifications, enhancements and derivative works thereof, shall
at all times remain the exclusive property of HealthBeacon and/or its
third-party licensors. You are not acquiring any rights in or to the
HealthBeacon Technology other than a non-exclusive right to access and use our
Services solely in accordance with the terms of this Agreement. You may not use
HealthBeacon’s name, trademarks, intellectual property, service marks, or
logos, or those of third parties appearing on the App in any advertising or
publicity or to otherwise indicate HealthBeacon’s or such third party’s
sponsorship or affiliation with any product or service without the express
written permission from HealthBeacon or such third party.
The HealthBeacon Service
is owned and operated by HealthBeacon. The visual interfaces, graphics, design,
compilation, information, data, computer code (including source code or object
code), products, software, services, and all other elements of the HealthBeacon
Service (“Materials”) provided by HealthBeacon are protected by intellectual
property and other laws. All Materials included in the HealthBeacon Service are
the property of HealthBeacon or our third-party licensors. Except as expressly
authorized by HealthBeacon, you may not make use of the Materials. HealthBeacon
reserves all rights to the Materials not granted expressly in these Terms.’
B. License We Grant You. Subject to the restrictions outlined in
these Terms, HealthBeacon grants you a limited, non-exclusive, non-transferable,
non-sublicensable, revocable license to install and use the App in object code
format on devices that you own or control, solely for use with the HealthBeacon
Services.
C. Your Content. You represent and warrant that you own all
content you post on or through the HealthBeacon Services. If you are entering
someone else’s information into the App, you represent and warrant that you
have permission to do so. For us to provide You with the App, You grant to
HealthBeacon a perpetual, non-exclusive, fully paid and royalty-free,
transferable, sublicensable, worldwide license to use Your data and content
provided to the App, subject to the restrictions in the Privacy Notice. You
also agree to allow HealthBeacon to de-identify and anonymize Your data and
content, including without limitation, Your personal health information per the
Privacy Notice, and to use or disclose such de-identified information for any
purpose.
D. Data. “Data” means
any data that is generated by the HealthBeacon Services or through use of the
HealthBeacon Services (including but not limited to patient usage and
diagnostic data).
Subject to applicable laws (including Applicable Data Privacy
Legislation), we may use, rent or sell aggregated Data and/or other information
that does not contain any personal identifiers (i.e., the information has been
anonymized by stripping out identifiers such as name, address, phone number,
etc.) which has been collected as part of a patients participation in the
HealthBeacon Services. The anonymized Data may be used to help develop and
evaluate the program, archiving data for statistical purposes, shared or
published through academic journals or media platforms for lawful purposes.
Once Data is anonymized, it is no longer personal data, and we may use Data for
any business purpose.
10. App Store & Google Play
If you downloaded the Application from the
Apple App Store or Google Play (the “App Provider”), by agreeing to this
Agreement, you acknowledge that you understand and agree to the following:
1. this
Agreement is only between You and HealthBeacon, and not between You and the App
Provider, and only HealthBeacon is responsible for the Application (not the App
Provider).
2. the App Provider has no obligation to
furnish any maintenance or support services with respect to the Application.
3. in
the event of any failure of the Application to conform to any applicable
warranty (i) to the maximum extent permitted by applicable law, the App Provider
will have no other warranty obligation whatsoever with respect to the
Application, and (ii) any other claims, losses, liabilities, damages, costs or
expenses attributable to any failure to conform to any warranty will be our
responsibility;
4. the
App Provider is not responsible for addressing any claims you have or any
claims of any third party relating to the Applications or your possession and
use of the Applications, including, but not limited to: (i) product liability
claims; (ii) any claim that the app fails to conform to any applicable legal or
regulatory requirement; and (iii) claims arising under consumer protection or
similar legislation;
5. in the event of any third-party claim that
the Applications or your possession and use of the Applications infringes that
third party’s intellectual property rights, the App Provider will not be
responsible for the investigation, defense, settlement or discharge of any such
intellectual property infringement claim; and
6. the
App Provider, and its subsidiaries, are third party beneficiaries of this
Agreement as it relates to your license of the Applications. This means that,
upon your acceptance of this Agreement, the App Provider will have the right
(and will be deemed to have accepted the right) to enforce this Agreement as
related to your license of the Applications against you.
Apple users only: If you downloaded the
Applications from the App Store, the license granted to you in this Agreement
is non-transferable and is for use of the Applications on any Apple products
that You own or control.
11. Restrictions
HealthBeacon imposes certain restrictions on
Your use of the App. While using the App, You shall not:
1. provide
false, misleading or inaccurate information to HealthBeacon or any other user.
2. impersonate,
or otherwise misrepresent affiliation, connection or association with any
person or entity.
3. use
or attempt to use any engine, software, tool, agent, or other device or
mechanism (including without limitation browsers, spiders, robots, avatars, or
intelligent agents) to harvest or otherwise collect information from the
Website for any use, including without limitation use on third-party websites;
4. access
content or data not intended for You, or log onto a server or account that You
are not authorized to access.
5. use
or access the HealthBeacon Service (a) from a jurisdiction where such use or
access is not authorized, (b) for any illegal purpose, or (c) in violation of
any local, state, national, or international law;
6. attempt
to probe, scan, or test the vulnerability of the App, the Website, or any
associated system or network, or breach security or authentication measures
without proper authorization.
7. interfere
or attempt to interfere with the use of any part of the App by any other user,
host or network, including, without limitation by means of submitting a virus,
overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
8. forge
any TCP/IP packet header or any part of the header information in any e-mail or
in any uploading or posting to, or transmission, display, performance or
distribution by means of the App.
9. post
or transmit any unsolicited advertising, promotional materials, “junk mail”,
“spam,” “chain letters,” “pyramid schemes” or any other form of solicitation.
10. avoid,
bypass, remove, deactivate, impair, descramble or otherwise circumvent any
technological measure implemented by HealthBeacon, You, or any other third
party (including another user) to protect the App.
11. attempt
to modify, reverse-engineer, decompile, disassemble or otherwise reduce or
attempt to reduce to a human-perceivable form any of the source code used by
HealthBeacon in providing the Website or Application. Any violation of this
section may subject You to civil and/or criminal liability.
12. connect
or use the Device(s) with any application or software platform other than the
App;
13. conduct
activities that may be harmful to others or that could damage HealthBeacon’s
reputation;
14. violate,
or encourage others to violate, any right of a third party, including by
infringing or misappropriating any third party intellectual property right, or
disclosing personal information about another person;
15. assign,
sublicense, lease, sell, grant a security interest in, or otherwise transfer
the access granted under these Terms;
16. use or access the HealthBeacon Services in
order to build or develop, or assist a third party in building or developing, a
competing service or products;
17. license, sell, rent, lease, transfer, assign, distribute, host, or
otherwise commercially exploit the HealthBeacon Services, whether in whole or
in part;
18. disrupt, interfere with, or otherwise adversely affect the normal flow
of the HealthBeacon Services or otherwise act in a manner that may negatively
affect other users’ experience when using such; or
19. encourage or enable any other individual to do any of the above;
HealthBeacon is not obligated to monitor Your
use of the App, but We may do so to ensure Your compliance with these Terms
and/or to respond to law enforcement or other government agencies if and when
we are required to. HealthBeacon reserves the right to suspend or terminate
Your use of the App without notice to You if You partake in any of the
prohibited uses described above.
12. Privacy Notice
HealthBeacon respects the information You
provide to us. Please see our Privacy Notice for a full explanation of the
information that we collect from You and how we use that information.
13. Computer Equipment and Internet Access
You are responsible for obtaining,
installing, maintaining and operating all software, hardware or other equipment
(collectively, "Systems") necessary for You to access and use the
App. This includes, without limitation, obtaining Internet services, using up
to date web-browsers and the best commercially available encryption, antivirus,
anti-spyware, and internet security software. You are responsible for the data
security of the Systems used to access the App and for the transmission and
receipt of information using such Systems. We are not responsible for any errors
or problems that arise from the malfunction or failure of the Internet or Your
Systems.
THERE ARE ALWAYS CERTAIN SECURITY AND ACCESS
AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET,
AND YOU EXPRESSLY ASSUME SUCH RISKS.
14. Third Party Services and Third-Party
Sites
Certain areas or features of the HealthBeacon
Services may contain links to other websites or applications that are operated
by third parties (collectively, “Third-Party Sites”). Such third-party websites
are not under the control of HealthBeacon, and we are not responsible for the
content of any third party website. You acknowledge and agree that the
Third-Party Sites may have different privacy policies, terms of use, user
guides and/or business practices (collectively, “Third-Party Rules”) than
HealthBeacon, and that Your use of such Third-Party Sites is governed by the
respective Third-Party Rules, not Ours. HealthBeacon provides links to
Third-Party Sites as a convenience, and does not verify, make any
representations, or take responsibility for such Third-Party Sites, including,
without limitation, the truthfulness, accuracy, quality, or completeness of the
content, application, links displayed, and/or any other activities conducted on
or through such Third-Party Sites.
HealthBeacon may provide tools through the
HealthBeacon Service that enable you to export information, including without
limitation your HealthBeacon records and User Content, to third-party
applications or services such as Google Fit or Apple Health, or import
information from such third-party applications or services, including through
features that allow you to link your User Account on HealthBeacon with an
account on the third-party service. By using one of these tools, you represent,
warrant, and agree that such transfers are permitted under applicable law and
that you are authorized to, and that we may on your behalf, transfer that
information to or from the applicable third-party service in accordance with
the Privacy Notice. Third-party services are not under our control, and we are
not responsible for any third party’s use of your exported information. If you
enable the features of the HealthBeacon Service that are designed to import
information from such third-party services, you hereby authorize and grant
HealthBeacon a perpetual, irrevocable license to use such imported information
and disclose it to third parties such as your healthcare professional in
accordance with the Privacy Notice and applicable law. The HealthBeacon Service
may also contain links to third-party websites. Linked websites are not under
our control, and we are not responsible for their content.
YOU AGREE THAT HEALTHBEACON WILL NOT, UNDER
ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY
GOODS, APPLICATION, INFORMATION, RESOURCES, AND/OR CONTENT AVAILABLE ON OR
THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR
FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO
BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR
BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference in the App to any product,
service, publication, institution, organization of any third-party entity, or
individual does not constitute or imply HEALTHBEACON’S endorsement or
recommendation.
15. Warranty Disclaimers
THE HEALTHBEACON APP AND ALL MATERIALS AND
CONTENT AVAILABLE THROUGH THE HEALTHBEACON SERVICE ARE PROVIDED “AS IS” AND ON
AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER
EXPRESS OR IMPLIED. THE HEALTHBEACON ENTITIES DISCLAIM ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE HEALTHBEACON SERVICE, ALL
MATERIALS AND CONTENT AVAILABLE THROUGH THE HEALTHBEACON SERVICE, AND ANY
SOFTWARE OR HARDWARE ASSOCIATED OR USED WITH THE HEALTHBEACON SERVICE, OR THE
AVAILABILITY OF ANY OF THE FOREGOING, INCLUDING (A) ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR
NON-INFRINGEMENT; (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR
TRADE; AND (C) ANY WARRANTY AS TO WHETHER THE DATA OR OTHER INFORMATION
AVAILABLE ON OR CAPTURED BY THE HEALTHBEACON SERVICE IS TRUE, COMPLETE OR
ACCURATE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT HEALTHBEACON IS NOT
RESPONSIBLE FOR ANY HEALTHCARE OR RELATED DECISIONS MADE BY YOU OR YOUR
HEALTHCARE PROFESSIONAL BASED UPON DATA COLLECTED, TRANSMITTED OR DISPLAYED BY
OR ON THE HEALTHBEACON SERVICE, WHETHER SUCH DATA IS ACCURATE OR INACCURATE. WE
DO NOT WARRANT THAT THE HEALTHBEACON SERVICE OR ANY PORTION OF THE HEALTHBEACON
SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE HEALTHBEACON SERVICE,
WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL
COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY
RESULT FROM YOUR USE OF OR ACCESS TO THE HEALTHBEACON SERVICE, YOUR DEALING
WITH ANY OTHER HEALTHBEACON SERVICE USER, AND ANY MATERIALS OR CONTENT
AVAILABLE THROUGH THE HEALTHBEACON SERVICE. YOU UNDERSTAND AND AGREE THAT YOU
USE THE HEALTHBEACON SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN
MATERIALS OR CONTENT THROUGH THE HEALTHBEACON SERVICE AND ANY ASSOCIATED SITES
OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR
MOBILE DEVICE USED IN CONNECTION WITH THE HEALTHBEACON SERVICE), OR THE LOSS OF
DATA THAT RESULTS FROM THE USE OF THE HEALTHBEACON SERVICE OR THE DOWNLOAD OR
USE OF THAT MATERIAL OR CONTENT. IT IS YOUR RESPONSIBILITY TO BACK UP ANY
INFORMATION YOU ENTER INTO HEALTHBEACON.
HEALTHBEACON MAKES NO WARRANTY THAT THE
HEALTHBEACON SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE 24/7 OR ON AN
UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HEALTHBEACON MAKES NO WARRANTY
REGARDING THE QUALITY OF ANY PRODUCTS, APPLICATION, OR MATERIALS ACCESSED OR
PURCHASED THROUGH THE APPLICATION OR THE
ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT
OBTAINED THROUGH THE APP.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR
COMMUNICATIONS AND INTERACTIONS WITH THE APP AND WITH OTHER PERSONS WITH WHOM
YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE APP, INCLUDING,
WITHOUT LIMITATION, HEALTHCARE PROFESSIONALS, CLINICIANS/CAREGIVERS, OR
AUTHORIZED THIRD PARTIES. YOU UNDERSTAND THAT HEALTHBEACON DOES NOT TAKE
RESPONSIBILITY FOR SCREENING OR INQUIRY INTO THE BACKGROUND OF ANY USERS OF THE
APP, INCLUDING, WITHOUT LIMITATION, PROVIDERS AND/OR CLINICIANS/CAREGIVERS, NOR
DOES HEALTHBEACON VERIFY OR TAKE RESPONSIBILITY FOR THE STATEMENTS OF ANY SUCH
USERS OF THE APP. HEALTHBEACON MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE
CONDUCT OF USERS OF THE APP, INCLUDING, WITHOUT LIMITATION, HEALTHCARE PROFESSIONALS
AND/OR CLINICIANS/CAREGIVERS.
THE ABOVE PARAGRAPHS APPLY TO THE FULLEST
EXTENT PERMITTED UNDER APPLICABLE LAW. SOME JURISDICTIONS MAY PROHIBIT A
DISCLAIMER OF WARRANTIES.
16. Limitation of Liability
IN NO EVENT WILL HEALTHBEACON BE LIABLE TO YOU
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER
INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR
YOUR INABILITY TO ACCESS OR USE, THE HEALTHBEACON SERVICE, DEVICES OR ANY
MATERIALS OR CONTENT ON THE HEALTHBEACON SERVICE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT ANY HEALTHBEACON ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF
DAMAGE. FOR THE AVOIDANCE OF DOUBT, THE EXCLUDED DAMAGES ALSO INCLUDE WITHOUT
LIMITATION, LOSS OF SAVINGS OR REVENUE; LOSS OF PROFIT; LOSS OF USE; LOSS OF
LIFE OR HEALTH, THE CLAIMS OF THIRD PARTIES; AND ANY COST OF ANY SUBSTITUTE EQUIPMENT
OR SERVICES.
EXCEPT AS PROVIDED, IF HEALTHBEACON CANNOT
LAWFULLY DISCLAIM LIABILITY FOR ANY OF THE FOREGOING DAMAGES, THEN THE
AGGREGATE LIABILITY OF THE HEALTHBEACON ENTITIES TO YOU FOR ALL CLAIMS ARISING
OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE
HEALTHBEACON SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT,
OR OTHERWISE, IS LIMITED TO THE GREATER OF THE AMOUNTS YOU HAVE PAID TO USE THE
HEALTHBEACON SERVICE OR $100, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE
LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH
CASE SUCH LIMITATIONS SHALL APPLY TO YOU TO THE EXTENT PERMITTED IN SUCH
JURISDICTION. FURTHERMORE, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY
LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW, SUCH AS LIABILITY FOR
INTENTIONAL VIOLATION OF THESE TERMS.
EACH PROVISION OF THESE TERMS THAT PROVIDES
FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF
DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER
THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE
BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND
INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS
SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
17. Indemnification
To the fullest extent permitted under
applicable law, you are responsible for your use of the HealthBeacon Service,
and you will indemnify, hold harmless, and defend HealthBeacon and its
officers, directors, employees, representatives, consultants, affiliates, subsidiaries and
agents (together, the “HealthBeacon Entities”) from and against every claim,
liability, damage, loss, and expense, including reasonable attorneys’ fees and
costs, arising out of or in any way connected with: (a) your access to, use of,
or alleged use of, or inability to use or improper use of the HealthBeacon
Service; (b) your violation of any portion of these Terms, any representation,
warranty, or agreement referenced in these Terms, or any applicable law or
regulation; (c) your violation of any third-party right, including any
intellectual property right or publicity, confidentiality, other property, or
privacy right; (d) any dispute or issue between you and any third party,
including but not limited to your Healthcare Professional; (e) all claims
arising from or alleging fraud, intentional misconduct, criminal acts, or gross
negligence committed by you; and (f) bodily injury, death, or damage to
physical property. To the fullest extent permitted under applicable law, we
reserve the right, at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you (without
limiting your indemnification obligations with respect to that matter), and in
that case, you agree to cooperate with our defense of that claim.
18. Feedback
We welcome and encourage You to provide
feedback, comments, and suggestions for improvements to the App (“Feedback”).
You may submit Feedback by e-mailing Us at support@healthbeacon.com. You acknowledge and agree that if You submit any Feedback to Us, You
hereby grant to Us a non-exclusive, worldwide, perpetual, irrevocable,
fully-paid, royalty-free, sub-licensable, and transferable license under any
and all intellectual property rights that You own or control to use, copy,
modify, create derivative works based upon, and otherwise exploit the Feedback
for any purpose.
19. Account and Services Termination
You may terminate your User Account at any
time by following the procedures detailed in the App and on the Website or
contacting customer service at support@healthbeacon.com. If you violate any
provision of these Terms, we reserve the right to terminate your use of and
access to the HealthBeacon Services.
HealthBeacon may in its sole discretion,
terminate your User Account on the HealthBeacon Service or suspend or terminate
your access to the HealthBeacon Service at any time if you violate any
provision of these Terms, if we no longer provide any part of the HealthBeacon
Services or for any other reason, with or without notice.
We also reserve the right to modify the
HealthBeacon Service at any time (including by limiting or discontinuing
certain features of the HealthBeacon Service), temporarily or permanently If we
decide to discontinue the HealthBeacon Service, we may give prior notice to
you.
20. General Contract Terms
A. Entire Agreement. These Terms, the Privacy Notice, and any
other terms incorporated herein by reference constitute the entire and
exclusive understanding and agreement between HealthBeacon and You regarding
HealthBeacon Service, the App, and these Terms supersede and replace any and
all prior oral or written understandings or agreements between HealthBeacon and
You regarding the App.
B. Additional Terms. Your use of the HealthBeacon Service is
subject to all additional terms, policies, rules, or guidelines applicable to
the HealthBeacon Service or certain features of the HealthBeacon Service
available at the Website (the “Additional Terms”), All Additional Terms are
incorporated by this reference into and made a part of these Terms.
C. Subcontractors. You hereby consent to HealthBeacon’s
engagement of third parties (including HealthBeacon’s affiliates) to perform or
support the performance of, all or any portion of the HealthBeacon Service or
the HealthBeacon website, such as the clinical interpretation service.
D. Force Majeure. HealthBeacon will be excused from
performance under these Terms for any period that it is prevented from or
delayed in performing any obligations pursuant to these Terms, in whole or in
part, as a result of a Force Majeure Event. To the fullest extent permitted
under applicable law, for purposes of this section, “Force Majeure Event” means
an event or series of events caused by or resulting from any of the following:
(1) weather conditions or other elements of nature or acts of God; (2) acts of
war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (3)
quarantines or embargoes, (4) labor strikes; (5) telecommunications, network,
computer, server or Internet downtime; (6) unauthorized access to
HealthBeacon’s information technology systems by third parties; or (7) other
causes beyond the reasonable control of HealthBeacon.
E.
Assignment. You may not assign or transfer these
Terms, by operation of law or otherwise, without HealthBeacon’s prior written
consent. Any attempt by You to assign or transfer these Terms, without such
consent, will be null and of no effect. HealthBeacon may assign or transfer
these Terms, at its sole discretion, without restriction. Subject to the
foregoing, these Terms will bind and inure to the benefit of the parties, their
successors, and permitted assigns.
F.
Notices; Consent to Electronic Communications. By using
the HealthBeacon Service, you consent to receive certain electronic
communications from us as further described in the Privacy Notice. Please read
the Privacy Notice to learn more about our electronic communications practices.
You agree that any notices, agreements, disclosures, or other communications
that we send to you electronically will satisfy any legal communication
requirements, including that those communications be in writing. All notices
from HealthBeacon intended for receipt by You shall be deemed delivered and
effective when sent to the email address provided by You during the
registration process or when posted to and made available to you on the
HealthBeacon Service. If you change the email address provided in connection
with your registration to access and use the HealthBeacon Service, you must
update your address in accordance with the procedures set forth on the
HealthBeacon Service. By providing your mobile number to us, you consent to
receive text messages at that number as requested for User Account
verification, message notifications, promotional purposes and other purposes
related to the HealthBeacon Service. If you wish to opt out of such text
messages, you may do so. While we do not charge a fee for text messages, your
carrier may charge standard messaging, data, and other fees. You are
responsible for those charges. We may send and receive text messages through
cellular telephone operators or other networks, and the level of reliability
may vary. We are not responsible for the timeliness or final delivery of the
message, as this is outside our control and is the responsibility of the
cellular telephone operator or other networks. Notwithstanding the foregoing,
we will use your mobile number in accordance with the Privacy Notice.
21.
Dispute Resolution and Arbitration
PLEASE READ THIS SECTION
CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH
US AND LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF FROM US.
A.
Governing Law. These Terms,
including this Section 22, are governed by the laws of the State of
Massachusetts without regard to conflict of law principles. Jurisdiction
and venue for any dispute (including arbitration) arising out of these Terms
will exclusively rest within the State and Federal Courts of Massachusetts and each party hereby waives all defenses of lack of personal
jurisdiction and forum non conveniens
related thereto.
B.
Generally. To the fullest extent permitted under
applicable law and in the interest of resolving disputes between you and
HealthBeacon most expediently and cost-effectively, you and HealthBeacon agree
that every dispute arising in connection with these Terms will be resolved by
binding arbitration.
YOU UNDERSTAND AND AGREE
THAT, BY ENTERING INTO THESE TERMS, YOU AND HEALTHBEACON ARE EACH WAIVING THE
RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, TO THE FULLEST
EXTENT PERMITTED UNDER APPLICABLE LAW.
C. Opt-Out
of Agreement to Arbitrate. You can decline this agreement to
arbitrate by contacting support@HealthBeacon.com within 30 days of first
accepting these Terms of Service and stating that you (include your first and
last name, and email address used to register for the HealthBeacon Service)
decline this arbitration agreement.
D.
Exceptions. Nothing in this section will be deemed
to waive, preclude, or otherwise limit the right of either party to (a) bring
an individual action in small claims court; (b) pursue enforcement action
through the applicable federal, state, or local agency if that action is
available; (c) seek injunctive relief in a court of law; or (d) to file suit in
a court of law to address an intellectual property infringement claim.
E. Arbitrator. To the
fullest extent permitted under applicable law, any arbitration between you and
HealthBeacon will be settled under the Federal Arbitration Act and governed by
the Commercial Dispute Resolution Procedures and the Supplementary Procedures
for Consumer-Related Disputes (collectively, “AAA Rules”) of the American
Arbitration Association (“AAA”), as modified by these Terms, and will be
administered by the AAA.
F. Notice; Process. A party
who intends to seek arbitration must first send a written notice of the dispute
to the other party by certified U.S. Mail or by Federal Express (signature
required) or, only if such other party has not provided a current physical
address, then by electronic mail (“Notice”). HealthBeacon’s address for Notice
is HealthBeacon Ltd. 423 West Broadway, Ste 301
South Boston, MA 02127. The
Notice must: (a) describe the nature and basis of the claim or dispute; and (b)
set forth the specific relief sought (“Demand”). The parties will make good
faith efforts to resolve the claim directly, but if the parties do not reach an
agreement to do so within 30 days after the Notice is received, you or
HealthBeacon may commence an arbitration proceeding. During the arbitration,
the amount of any settlement offer made by you or HealthBeacon must not be
disclosed to the arbitrator until after the arbitrator makes a final decision
and award if any. If the dispute is finally resolved through arbitration in
your favor, HealthBeacon will pay you the highest of the following: (i) the
amount awarded by the arbitrator, if any; (ii) the last written settlement
amount offered by HealthBeacon in settlement of the dispute prior to the
arbitrator’s award; or (iii) $1,000.
G. Fees. If you
commence arbitration in accordance with these Terms, HealthBeacon will
reimburse you for your payment of the filing fee, unless your claim is for more
than $10,000, in which case the payment of any fees will be decided by the AAA
Rules. Any arbitration hearing will take place at a location, to be agreed
upon, in the state of Massachusetts, but if the claim is for $10,000 or less,
you may choose whether the arbitration will be conducted: (a) solely on the
basis of documents submitted to the arbitrator; (b) through a non-appearance
based telephone hearing, or (c) by an in-person hearing as established by the
AAA Rules in the county (or parish) of your billing address. If the arbitrator
finds that either the substance of your claim or the relief sought in the
Demand is frivolous or brought for an improper purpose (as measured by the
standards outlined in Federal Rule of Civil Procedure 11(b)), then the payment
of all fees will be governed by the AAA Rules. In that case, you agree to
reimburse HealthBeacon for all monies previously disbursed by it that are
otherwise your obligation to pay under the AAA Rules. Regardless of how the
arbitration is conducted, the arbitrator must issue a reasoned written decision
sufficient to explain the essential findings and conclusions on which the
decision and award, if any, are based. The arbitrator may make rulings and
resolve disputes as to the payment and reimbursement of fees or expenses at any
time during the proceeding and upon request from either party made within 14
days of the arbitrator’s ruling on the merits.
H. No
Class Actions. TO THE FULLEST EXTENT PERMITTED UNDER
APPLICABLE LAW, YOU AND HEALTHBEACON AGREE THAT EACH MAY BRING CLAIMS AGAINST
THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further,
unless both you and HealthBeacon agree otherwise, the arbitrator may not
consolidate more than one person’s claims, and may not otherwise preside over
any form of a representative or class proceeding, to the fullest extent
permissible pursuant to applicable law.
I.
Claims. Unless otherwise prohibited by
applicable law, no action arising out of, in connection with, or relating to
these Terms shall be brought by you more than two (2) years after the accrual
of the cause of action. This period shall not be extended for any reason,
except by the written consent of both parties. All statutes or provisions of
law that would toll or otherwise affect the running of the period of limitation
are hereby waived, and no such statute or provision of law shall operate to
extend the period limited in this paragraph, to the fullest extent permitted
under applicable law.
J.
Modifications to this Arbitration Provision. If
HealthBeacon makes any future change to this arbitration provision, other than
a change to HealthBeacon’s address for Notice, you may reject the change by
sending us written notice within 30 days of the change to HealthBeacon’s
address for Notice, in which case your User Account with HealthBeacon will be
immediately terminated and this arbitration provision, as in effect immediately
prior to the changes you rejected will survive.
22.
Contacting HealthBeacon
Please feel free to contact Us if You
have any questions about HealthBeacon’s Terms of Use and/or any other documents
referenced herein. You may contact Us at support@healthbeacon.com or our
mailing address: HealthBeacon
Limited, 423 West Broadway, Ste 301, South Boston, MA 02127.
The Devices
The Sharps Unit is a cloud-connected medical sharps bin designed
to support patients who self-administer injectable medications at home. When a
patient administers their medication and drops the used needle into the Sharps
Unit, the Sharps Unit records that the patient administered their medication
and syncs with the App to maintain up-to-date adherence records. The Sharps
Unit can be programmed to remind patients to take their medication via SMS
text, the App or via the device itself. Patients may also receive other
connected devices, such as a Bluetooth enabled weight scale, to record and
automatically transmit the patient’s weight to the App.
What does HealthBeacon NOT provide?
We do NOT provide medical advice
THE APP CANNOT AND IS NOT DESIGNED, INTENDED, OR APPROPRIATE TO
REPLACE THE RELATIONSHIP BETWEEN HEALTH CARE PROFESSIONALS AND PATIENTS OR TO
ADDRESS SERIOUS, EMERGENT, OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD
NOT BE USED IN THOSE CIRCUMSTANCES.
Any medical advice provided by a provider and/or clinician using
information from the App is based on the personal health data a patient
provides. If You do not provide complete and accurate personal health
information, the medical advice You receive may not be accurate or appropriate.
We are not liable for any damage which results from your failure to follow
advice given by your healthcare professional. Please note that the HealthBeacon
reminds you when your medication is due (as directed by your Health Care
Professional) based on the medication schedule submitted to HealthBeacon.
HealthBeacon are not responsible for the medication schedule submitted.
Furthermore, HealthBeacon shall not have any responsibility in relation to any
communication between you and your healthcare professional resulting from or
related to a HealthBeacon capturing that you have missed a dosage or taken an
incorrect dosage.
Notifications
HealthBeacon will send you notifications through the HealthBeacon
mobile application. Notifications may include alerts, sounds and icon badges.
These can be configured in your profile settings. You accept the smart
reminders and interventions that you receive from the HealthBeacon programme
are based on the information that the HealthBeacon team have received by you.
If your schedule changes, please contact a member of the HealthBeacon customer
care team to discuss.
Questions and information collected through the App are designed
for informational and/or research purposes and to identify potential patterns
in symptomologies and treatments; the App and/or any data derived from the App
are in no way intended to replace the independent clinical judgement of a
qualified healthcare professional.
Who is eligible to use the App?
You must register to create an account (“User Account”) and become
a “Registered User” to use the App. To register, You will create or receive a
username and password and You will be asked to provide Your name, Your email
address, phone number, and other information specified in the registration form
(“Registration Data”). See below for more information about how to protect your
login information.
By registering for an account and using the App, You represent and
warrant:
That You are at least 18 years old and are
otherwise legally qualified to enter into and form contracts under applicable
law.
§ Your registration data is true,
accurate, current, and complete.
§ You will update Your
registration data as needed to maintain its accuracy.
§ You agree that you are resident
in the United States.
§ You will use the service and/or
App in a manner consistent with applicable laws and regulations and these Terms
of Use, as they may be amended by HealthBeacon Limited from time to time.
§ You are authorised to create an
account (either for Yourself or another person) and You agree to not disclose
your authorisation credentials (username and password) to any third party
§ By using the App, you represent
and warrant that You have legal authority to share Your and/or Your child’s
health data and other Personal Data (as that term is defined in the Privacy
Notice) with Us. Our use of the information You provide to Us via the App is
subject to the Privacy Notice in effect at the time we use it.
If You do not agree with and accept the terms, please discontinue
all further use of the HealthBeacon, Service and App. Do not continue the
installation process and immediately delete all installed files, if any, of the
Application from Your device.
NOTE: THIS AGREEMENT IS VOID WHERE PROHIBITED BY LAW. DO NOT USE
THE APP WHERE PROHIBITED BY LAW. YOU UNDERSTAND THAT YOUR USE OF THE APP MAY
INVOLVE OR REQUIRE THE TRANSMISSION OF SIGNIFICANT AMOUNTS OF DATA. YOU ARE
RESPONSIBLE FOR ALL DATA CHARGES THAT MAY BE CHARGED BY YOUR WIRELESS CARRIER
OR INTERNET SERVICE PROVIDER OR THAT MAY OTHERWISE ARISE FROM YOUR USE OF THE
APP.
Who owns The App?
HealthBeacon owns the App and all materials You access through the
App or Website. Subject to Your compliance with these Terms, HealthBeacon
grants You a non-exclusive, non-sublicensable, revocable, non-transferable
license to use the App through the Website or by downloading and installing the
Application. THE APP IS FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY. You may
not use the App for any other purpose than what is allowed under these Terms
without HealthBeacon’s express written permission.
Except as expressly permitted in these Terms or under applicable
law, you may not (a) copy, modify, or create derivative works based on
the App, (b) distribute, transfer, sublicense, lease, lend, or rent
Apps to any third party; (c) reverse engineer, decompile, or disassemble
the App or (d) make the functionality of the App available to multiple
users through any means. HealthBeacon reserves all the rights in and to the App
not expressly granted to you under these Terms.
You may not use HealthBeacon’s name, trademarks, intellectual
property, service marks, or logos, or those of third parties appearing on the
App in any advertising or publicity or to otherwise indicate HealthBeacon’s or
such third party’s sponsorship or affiliation with any product or service
without express written permission from HealthBeacon or such third party.
You own Your or Your child’s and any other content You post on or
through the App. If you are entering someone else’s information into the App,
you represent and warrant that you have permission to do so. For us to provide
You with the App, You grant to HealthBeacon a perpetual, non-exclusive, fully
paid and royalty-free, transferable, sublicensable, worldwide license to use
Your data and content for the purpose of providing the App, subject to the
restrictions in the Privacy Notice. You also agree to allow HealthBeacon to
de-identify and anonymize Your data and content, including without limitation,
Your personal health information in accordance with Our Privacy Notice, and to
use or disclose such de-identified information for any purpose.
App Store & Google Play
If you downloaded the Application from the Apple App Store or
Google Play (the “App Provider”), by agreeing to this Agreement, you
acknowledge that you understand and agree to the following:
1.
this Agreement is only between You and HealthBeacon, and not between You and
the App Provider, and only HealthBeacon is responsible for the Application (not
the App Provider).
2.
the App Provider has no obligation to furnish any maintenance or support
services with respect to the Application.
3.
in the event of any failure of the Application to conform to any applicable
warranty, (i) you may notify the App Provider and the App Provider will refund
the purchase price for the Application to you (if applicable), (ii) to the
maximum extent permitted by applicable law, the App Provider will have no other
warranty obligation whatsoever with respect to the Application, and (iii) any
other claims, losses, liabilities, damages, costs or expenses attributable to
any failure to conform to any warranty will be our responsibility;
4.
the App Provider is not responsible for addressing any claims you have or any
claims of any third party relating to the Applications or your possession and
use of the Applications, including, but not limited to: (i) product liability
claims; (ii) any claim that the app fails to conform to any applicable legal or
regulatory requirement; and (iii) claims arising under consumer protection or
similar legislation;
5.
in the event of any third-party claim that the Applications or your possession
and use of the Applications infringes that third party’s intellectual property
rights, the App Provider will not be responsible for the investigation,
defence, settlement or discharge of any such intellectual property infringement
claim; and
6.
the App Provider, and its subsidiaries, are third party beneficiaries of this
Agreement as it relates to your license of the Applications. This means that,
upon your acceptance of this Agreement, the App Provider will have the right
(and will be deemed to have accepted the right) to enforce this Agreement as
related to your license of the Applications against you.
Apple users only: If you downloaded the Applications from the App
Store, the license granted to you in this Agreement is non-transferable and is
for use of the Applications on any Apple products that You own or control.
What am I NOT allowed to do with the App?
HealthBeacon imposes certain restrictions on Your use of the App.
While using the App, You shall not:
1.
provide false, misleading or inaccurate information to HealthBeacon or any
other user.
2.
impersonate, or otherwise misrepresent affiliation, connection or association
with any person or entity.
3.
use or attempt to use any engine, software, tool, agent, or other device or
mechanism (including without limitation browsers, spiders, robots, avatars, or
intelligent agents) to harvest or otherwise collect information from the
Website for any use, including without limitation use on third-party websites;
4.
access content or data not intended for You, or log onto a server or account
that You are not authorized to access.
5.
violate any applicable law or regulation.
6.
attempt to probe, scan, or test the vulnerability of the App, the Website, or
any associated system or network, or breach security or authentication measures
without proper authorization.
7.
interfere or attempt to interfere with the use of any part of the App by any
other user, host or network, including, without limitation by means of
submitting a virus, overloading, "flooding," "spamming,"
"mail bombing," or "crashing";
8.
forge any TCP/IP packet header or any part of the header information in any
e-mail or in any uploading or posting to, or transmission, display, performance
or distribution by means of the App.
9.
post or transmit any unsolicited advertising, promotional materials, "junk
mail", "spam," "chain letters," "pyramid
schemes" or any other form of solicitation.
10. avoid,
bypass, remove, deactivate, impair, descramble or otherwise circumvent any
technological measure implemented by HealthBeacon, You, or any other third
party (including another user) to protect the App.
11. attempt
to modify, reverse-engineer, decompile, disassemble or otherwise reduce or
attempt to reduce to a human-perceivable form any of the source code used by
HealthBeacon in providing the Website or Application. Any violation of this
section may subject You to civil and/or criminal liability.
12. connect
or use the Device(s) with any application or software platform other than the
App; or
13.
encourage or enable any other individual to do any of the above.
HealthBeacon is not obligated to monitor Your use of the App, but
We may do so to ensure Your compliance with these Terms and/or to respond to
law enforcement or other government agencies if and when we are required to.
HealthBeacon reserves the right to suspend or terminate Your use of the App
without notice to You if You partake in any of the prohibited uses described
above.
Who protects my login information?
The App is designed to require users to create a username and
password to access and use the App. Your username and password are,
collectively, Your “User Credentials.” You are solely responsible for (A)
maintaining the strict confidentiality of Your User Credentials, (B) not
allowing another person to use Your User Credentials to access the App, (C) any
and all damages or losses that may be incurred or suffered as a result of any activities
that occur under Your User Credentials, regardless of whether You were aware of
those activities. You agree to immediately notify HealthBeacon in writing by
email of any unauthorized use of Your User Credentials or any other compromise
of the security of Your User Account.
HEALTHBEACON IS NOT AND SHALL NOT BE LIABLE FOR ANY HARM ARISING
FROM OR RELATING TO THE THEFT OF YOUR USER CREDENTIALS AND/OR ANY RESULTING
ACCESS TO YOUR PERSONAL DATA, YOUR DISCLOSURE OF YOUR USER CREDENTIALS, OR THE
USE OF YOUR USER CREDENTIALS BY ANOTHER PERSON OR ENTITY REGARDLESS OF WHETHER
YOU WERE AWARE OF SUCH USE.
How does HealthBeacon protect my privacy?
HealthBeacon respects the information You provide to us. Please
see our Privacy Notice for a full explanation of the information that we
collect from You and how we use that information. By accessing or using the
App, or by downloading or uploading any content from or through the App, You
acknowledge and agree to the provisions of the Privacy Notice and affirm that
the Privacy Notice is a part of these terms.
By using the App and accepting these Terms, You acknowledge that
HealthBeacon may share Your or Your child’s with other users, including your
healthcare provider if you are a Patient. We may share your information with
third parties as described in the Privacy Notice and will seek your consent
before doing so where required by law.
We are not responsible for nor liable to You or any third party
for a third party’s treatment of Personal Data, including any collection, use,
disclosure, storage, loss, theft or misuse of Personal Data, whether or not
such treatment violates applicable law.
Please be aware that Our Privacy Notice does not address how
healthcare providers with whom You share information collected, generated, or
stored via the App may further use and disclose Your or Your child’s health
information.
Computer Equipment and Internet Access
You are responsible for obtaining, installing, maintaining and
operating all software, hardware or other equipment (collectively,
"Systems") necessary for You to access and use the App. This
includes, without limitation, obtaining Internet services, using up to date
web-browsers and the best commercially available encryption, antivirus,
anti-spyware, and internet security software. You are responsible for the data
security of the Systems used to access the App and for the transmission and
receipt of information using such Systems. We are not responsible for any errors
or problems that arise from the malfunction or failure of the Internet or Your
Systems.
THERE ARE ALWAYS CERTAIN SECURITY AND ACCESS AVAILABILITY RISKS
ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET, AND YOU EXPRESSLY
ASSUME SUCH RISKS.
Third Parties and Third-Party Sites
Certain areas or features of the App may allow You to access
websites or applications that are not HealthBeacon websites or applications
(collectively, “Third-Party Sites”). You acknowledge and agree that the
Third-Party Sites may have different privacy policies, terms of use, user
guides and/or business practices (collectively, “Third-Party Rules”) than
HealthBeacon, and that Your use of such Third-Party Sites is governed by the
respective Third-Party Rules not Ours. HealthBeacon provides links to
Third-Party Sites to You as a convenience, and We do not verify, make any
representations, or take responsibility for such Third-Party Sites, including,
without limitation, the truthfulness, accuracy, quality, or completeness of the
content, application, links displayed, and/or any other activities conducted on
or through such Third-Party Sites.
YOU AGREE THAT HEALTHBEACON WILL NOT, UNDER ANY CIRCUMSTANCES, BE
RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, APPLICATION,
INFORMATION, RESOURCES, AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY
SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED
THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN
CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF
ANY THIRD-PARTY. Any reference in the App to any product, service, publication,
institution, organization of any third-party entity, or individual does not
constitute or imply HEALTHBEACON’S endorsement or recommendation.
Your Representations and Warranties
You represent and warrant that Your use of the App will be in
accordance with these Terms and all applicable laws, regulations, rules, and
HealthBeacon policies and procedures. Specifically, YOU REPRESENT AND WARRANT
THAT YOU ARE LEGALLY AUTHORIZED TO SHARE PERSONAL DATA WITH US.
Warranty Disclaimers & Limitation of Liability
NO WARRANTIES
THE APP IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, HEALTHBEACON EXPLICITLY
DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF
DEALING OR USAGE OF TRADE. HEALTHBEACON MAKES NO WARRANTY THAT THE APP WILL
MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR
ERROR-FREE BASIS. HEALTHBEACON MAKES NO WARRANTY REGARDING THE QUALITY OF ANY
PRODUCTS, APPLICATION, OR MATERIALS ACCESSED OR PURCHASED THROUGH THE
APPLICATION OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR
RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APP.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM
HEALTHBEACON OR THROUGH THE APP WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE
HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND
INTERACTIONS WITH THE APP AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR
INTERACT AS A RESULT OF YOUR USE OF THE APP, INCLUDING, WITHOUT LIMITATION,
PATIENTS, PROVIDERS, CLINICIANS/CAREGIVERS, OR AUTHORIZED THIRD PARTIES. YOU
UNDERSTAND THAT HEALTHBEACON DOES NOT TAKE RESPONSIBILITY FOR SCREENING OR
INQUIRY INTO THE BACKGROUND OF ANY USERS OF THE APP, INCLUDING, WITHOUT
LIMITATION, PROVIDERS AND/OR CLINICIANS/CAREGIVERS, NOR DOES HEALTHBEACON
VERIFY OR TAKE RESPONSIBILITY FOR THE STATEMENTS OF ANY SUCH USERS OF THE APP.
HEALTHBEACON MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS
OF THE APP, INCLUDING, WITHOUT LIMITATION, PROVIDERS AND/OR
CLINICIANS/CAREGIVERS.
HEALTHBEACON CANNOT ALWAYS FORESEE OR ANTICIPATE TECHNICAL OR
OTHER DIFFICULTIES THAT MAY RESULT IN FAILURE TO OBTAIN DATA OR LOSS OF DATA,
PERSONALIZATION SETTINGS, OR OTHER SERVICE INTERRUPTIONS. HEALTHBEACON CANNOT
ASSUME RESPONSIBILITY FOR THE TIMELINESS, ACCURACY, DELETION, NON-DELIVERY OR
FAILURE TO STORE ANY USER DATA, COMMUNICATIONS, OR PERSONALIZATION SETTINGS. IT
IS YOUR RESPONSIBILITY TO BACKUP ANY INFORMATION YOU ENTER INTO HEALTHBEACON.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY
LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE APP REMAINS
WITH YOU. NEITHER HEALTHBEACON NOR ANY OTHER PERSON OR ENTITY INVOLVED IN
CREATING, PRODUCING, OR DELIVERING THE APP WILL BE LIABLE FOR ANY INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF
DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM
FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR APPLICATIONS, OR FOR ANY DAMAGES
FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN
CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP, OR
FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE APP
OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE
OF THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HEALTHBEACON
HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY
SET FORTH HEREIN IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.
IF YOU ARE DISSATISFIED WITH THE APP OR THESE TERMS, YOUR ONLY
REMEDY IS TO DISCONTINUE USING THE APP. YOU ACKNOWLEDGE THAT IF YOU USE THE APP
DURING OR IN RELATION TO AN EMERGENT, SERIOUS, OR LIFE-THREATENING CONDITION,
SUCH USE IS AT YOUR SOLE RISK. HEALTHBEACON IS NOT LIABLE TO YOU OR ANY PERSON
FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION INCLUDED IN
THE APP. HEALTHBEACON IS NOT LIABLE TO ANY USER OR PERSON FOR ANY HARM CAUSED
BY THE NEGLIGENCE OR MISCONDUCT OF ANY PROVIDERS OR CLINICIANS/CAREGIVERS,
WHETHER OR NOT RELYING UPON INFORMATION COLLECTED, GENERATED, OR STORED VIA THE
APP.
Indemnification
You agree to indemnify, defend and hold harmless HealthBeacon, its
clients, and its suppliers and their respective affiliates, employees, officers, directors, agents, servants and representatives
of each from any liability, loss, claim, suit, damage, and expense (including
reasonable attorneys' fees and expenses) arising out of or in any way connected
with Your access to or use of App, Your violation of these Terms or any
negligent or wrongful conduct by You or related to Your account by You or any
other person accessing the App through Your account, regardless of whether You
were aware of such use.
How do I provide feedback and who owns it?
We welcome and encourage You to provide feedback, comments, and
suggestions for improvements to the App (“Feedback”). You may submit Feedback
by e-mailing Us at info@healthbeacon.com. You acknowledge and agree that if You
submit any Feedback to Us, You hereby grant to Us a non-exclusive, worldwide,
perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and
transferable license under any and all intellectual property rights that You
own or control to use, copy, modify, create derivative works based upon, and
otherwise exploit the Feedback for any purpose.
How and when can my account be terminated?
Withdrawal from Program
All the information we collect in relation to you for programme
and service is processed based on your consent. You may withdraw your consent
at any time, but if you withdraw your consent then we will not be able to
provide you with the Program Services.
To withdraw from the program, please contact the HealthBeacon
customer care team at info@healthbeacon.com
If You breach any of these Terms, we may suspend or disable Your
account or terminate Your access to the App without prior notice to You.
There may be other instances where We may need to terminate Your access to the
App that are not related to any of Your actions or inactions. We reserve the
right to terminate Your access to and use of the App and materials at any time,
with or without cause.
If You wish to terminate Your account, please contact the
HealthBeacon customer care team at info@healthbeacon.com immediately
discontinue Your use of the App, and delete all files associated with the App
from Your computer or mobile device.
General Contract Terms
These Terms, the Privacy Notice, and any other terms incorporated
herein by reference, constitute the entire and exclusive understanding and
agreement between HealthBeacon and You regarding the App, and these Terms
supersede and replace any and all prior oral or written understandings or
agreements between HealthBeacon and You regarding the App.
Governing Law / Jurisdiction
Terms will be governed by, and construed and enforced in
accordance with, the laws of the USA. You hereby unconditionally and
irrevocably submit to the exclusive jurisdiction of the US courts.
Assignment
You may not assign or transfer these Terms, by operation of law or
otherwise, without HealthBeacon’s prior written consent. Any attempt by You to
assign or transfer these Terms, without such consent, will be null and of no
effect. HealthBeacon may assign or transfer these Terms, at its sole
discretion, without restriction. Subject to the foregoing, these Terms will
bind and inure to the benefit of the parties, their successors, and permitted
assigns.
Notices
Any notices or other communications permitted or required
hereunder, including those regarding modifications to these Terms, will be in
writing and given: (i) by HealthBeacon via email (in each case to the address
that You provide); and/or (ii) by posting to the App. For notices made by
email, the notice will be effective as of the date the notice is first
transmitted.
General
The failure of HealthBeacon to enforce any right or provision of
these Terms will not constitute a waiver of future enforcement of that right or
provision. The waiver of any such right or provision will be effective only if
in writing and signed by a duly authorized representative of HealthBeacon.
Except as expressly set forth in these Terms, the exercise by either party of
any of its remedies under these Terms will be without prejudice to its other
remedies under these Terms or otherwise. If, for any reason, a court of
competent jurisdiction finds any provision of these Terms invalid or
unenforceable, that provision will be enforced to the maximum extent
permissible and the other provisions of these Terms will remain in full force
and effect.
Contacting HealthBeacon
Please feel free to contact Us if You have any questions about
HealthBeacon’s Terms of Use and/or any other documents referenced herein. You
may contact Us at info@healthbeacon.com, or at our mailing address:
HealthBeacon Limited, 423 West Broadway, Ste 301, South Boston, MA
02127
DATA SECURITY OFFICER:
Conor
Sheridan
c/o HealthBeacon Limited, Unit 20, Naas Road Business Park,
Muirfield Drive, Naas Road, Dublin 12, Ireland.
Conor.sheridan@healthbeacon.com