Change to the Terms and Conditions
By using the HealthBeacon App, you agree to be bound by these Terms. We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms at any time.
"You or yours" refers to you as the person who has submitted your personal information on the HealthBeacon mobile application agreeing to the HealthBeacon programme and service
"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.
What are the App and Devices?
The App is intended to be used in conjunction with the HealthBeacon Smart Sharps Unit (the “Sharps 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 (1) patients and/or their parents, as applicable (“Patients”) to use to keep track of their own adherence to prescribed medication regimens and communicate that information to their healthcare provider(s), and (2) healthcare providers (“Providers”) to use to proactively track and analyse their patients’ collected data and health condition(s). Neither the App nor Devices are intended for use by healthcare providers, patients over 18, or parents/legal guardians of patients under 18 for continuous patient monitoring in such a way that would allow immediate clinical action in an emergency situation.
You may access and use the App only in accordance with these Terms, and by continuing to use the App You agree to comply with all applicable laws, rules, and regulations, including any other policies incorporated into these Terms, such as Our Privacy Notice.
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.
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 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
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
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.
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 email@example.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 firstname.lastname@example.org
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 email@example.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.
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.
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.
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.
HealthBeacon Limited, 423 West Broadway, Ste 301, South Boston, MA 02127
c/o HealthBeacon Limited, Unit 20, Naas Road Business Park, Muirfield Drive, Naas Road, Dublin 12, Ireland.