PatientRounds Mobile Application Terms of Service
These Terms of Service (these "Terms") constitute a binding agreement between MedAppsAB, a California corporation, and its affiliates and subsidiaries ("MedAppsAB," "we," "us"), and you.
You accept and otherwise agree to be bound by these Terms by downloading or installing the PatientRounds Application, and each time you access or otherwise use the PatientRounds Application thereafter. If you do not accept these Terms, you must not download, install, access or use the PatientRounds Application.
- "Health-Related Information" as used in these Terms means all health information, including demographic information and information related to an individual's physical or mental health, or the provision of health care to the individual.
- "HIPAA" as used in these Terms means the administrative simplification provisions of the Health Insurance Portability and Accountability Act of 1996, and the regulations promulgated thereunder, including the Privacy Rule and the Security Rule, as amended.
- "PatientRounds Application" as used in these Terms means the electronic-health-record services licensed by MedAppsAB under the "PatientRounds" trademark, including the PatientRounds mobile application for use in connection with the storage, organization, and sharing of electronic Health-Related Information.
- "Privacy Rule" as used in these Terms means the Standards for Privacy of Individually Health Information at 45 CFR Part 160 and 164, Subparts A and E, as amended.
- "Security Rule" as used in these Terms means the Security Standards for the Protection of Electronic Protected Health Information at 45 CFR Part 160 and Part 164, Subparts A and C, as amended.
- "User" as used in these Terms means you or any other "healthcare provider", as that term is defined in 45 CFR § 160.10, or their agent, that uses the PatientRounds Application.
The PatientRounds Application
- License to Use the PatientRounds Application. We grant you only a non-exclusive, personal, non-transferable, limited right or license to access and use the PatientRounds Application subject to your full compliance with these Terms. You will not: (i) copy, reverse engineer, decompile or disassemble the PatientRounds Application, in whole or in part, or otherwise attempt to discover the source code to the software used by the PatientRounds Application; or (ii) modify, combine, integrate, render interoperable, or otherwise access for purposes of automating data transfer, the PatientRounds Application, with any other software or services not provided or approved by us. You will obtain no rights to the PatientRounds application, except for those expressly granted by these Terms.
- Purpose of PatientRounds Application. The purpose of the PatientRounds Application is to provide a platform for the electronic storage and organization of Health-Related Information by you and other Users, and for the making of such Health-Related Information available to you and other Users for viewing and sharing using an Apple iPad in connection with the medical management of a patient.
- Ownership of the PatientRounds Application. The PatientRounds Application and the compilation (meaning the collection, arrangement, and assembly) of the computer source code, designs, text, graphics, images, video, information, logos, button icons, and software constituting the PatientRounds Application are the property of MedAppsAB and is protected under copyright, trade secret, trademark, and other laws.
- MedAppsAB Trademarks. Except for linking to any MedAppsAB web sites, you may not use any MedAppsAB logo or trademark, including but not limited to the "MedAppsAB" or "PatientRounds" trademarks or logos, whether or not such mark(s) are registered, without our prior written approval. This includes use on printed materials of any kind as well as electronic mediums such as internet web pages or email. You shall not use the "MedAppsAB" or "PatientRounds" names, nor any adaptation or variation thereof, in any advertising, promotion or sales literature without our prior written consent in each instance.
- Professional Responsibility. You will be solely responsible for the professional services you provide. The PatientRounds Application may provide helpful information, such as reference values, and lists and descriptions of available prescription drugs and their respective dosages. We make no representations regarding the completeness, accuracy or utility of any such information in the PatientRounds Application. Such information is not intended to constitute professional advice, diagnosis or treatment, or to substitute for your professional judgment. You assume full risk and responsibility for the use of any information you obtain from or through the PatientRounds Application. We have no liability for the consequences to you or your patients from your use of such information.
The reference values provided, in particular, should be used as guidelines only. Reference values vary based on several factors, including the demographics of the healthy population from which specimens were obtained and the specific methods and/or instruments used to assay these specimens. Laboratories that are accredited by the College of American Pathologists are required to establish and/or validate their own reference values at least annually. Thus, any given result should be interpreted based on the reference value of the laboratory in which the test was done; the laboratory typically provides these values with the test result.
- Screening Users. We do not screen Users, nor do we access, view or verify any of the Health-Related Information that they input, upload or store to the PatientRounds Application. We have no responsibility for the conduct of Users, including the Health-Related Information they input, upload or store to the PatientRounds Application. Email us at email@example.com to notify of us of any User's inappropriate or illegal conduct involving the PatientRounds Application that you encounter.
- Responsibility for Misuse by Other Users of Your Account. You acknowledge that, while the PatientRounds Application will contain technical safeguards against a User's unlawful or unauthorized access to Health-Related Information stored to the PatientRounds Application, it will rely to a substantial extent on the representations and undertakings of Users. You agree that we will not be responsible for any unlawful access to or use of any Health-Related Information that you input, upload or store onto the PatientRounds Application, by any User resulting from the User's misrepresentation to us, or their breach of their respective agreement with us for their use of the PatientRounds Application.
- Individuals' Consent for Data Collection and Use. You represent and warrant that you have obtained the proper consents, authorizations, and releases from any persons or entities to the fullest extent required by applicable law before inputting, uploading or storing Health-Related Information to the PatientRounds Application.
- Transferring Information into the PatientRounds Application. You may be able to transfer information from your or third-party data sources into the PatientRounds Application. You represent and warrant that you have all necessary authorizations for such data transfers and that such data transfers will comply with HIPAA and other applicable federal and state law.
- Compliance with Law. You are solely responsible for ensuring that your use of the PatientRounds Application complies with applicable law, including laws relating to the maintenance of the privacy, security, and confidentiality of Health-Related Information. You will not grant any User any rights of access or use of the PatientRounds Application that they would not be allowed to have under applicable laws. We offer no assurance that your use of the PatientRounds Application under these Terms will not violate any law or regulation applicable to you. You are responsible for complying with all state and federal laws related to retention of medical data and records, patient access and amendment to information, and patient authorization to release data.
MedAppsAB's Health-Related-Information Practices
- Access and Use of Health-Related Information. You retain all rights with regard to the Health-Related Information that you input, upload or store to the PatientRounds Application. Because the PatientRounds Application encrypts all Health-Related Information that Users input, upload or store to the PatientRounds Application, we will neither be able to use, nor have any access to such information.
- Appropriate Safeguards. We will implement and maintain appropriate administrative, physical and technical safeguards to protect the Health-Related Information that you input, upload or store to the PatientRounds Application, including the above-described encryption of all such information. The safeguards shall comply with the federal, state and local requirements, including the Privacy Rule and the Security Rule.
- Security Incident. We will immediately notify you of any breach or suspected breach of the security of the PatientRounds Application of which we become aware, or any unauthorized use of disclosure of information within or obtained from the PatientRounds Application, and will take such action to mitigate the breach, suspected breach, or unauthorized use or disclosure of information within or obtained from the PatientRounds Application.
- Security Rule. We will comply with the provisions of the Security Rule that are made applicable to business associates. We will notify you of the discovery of any breach of any Health-Related Information that you store to the PatientRounds Application and we will cooperate reasonably with you to investigate and mitigate any such breach. The PatientRounds Application encrypts all Health-Related Information that Users input, upload or store to the PatientRounds Application. Still, to the extent possible and applicable, we will provide you with any necessary information that is known to us so that you may make any legally required notification to individuals.
Account Creation and Secure Credentials
- strAccount Holder. You, and any other Users that sign up for an account, must furnish only a name and email address as part of the sign-up process.
- Protecting Your Log-In Credentials. As a registered User, you will have log-in information, including a username and password. You may not share your account and log-in information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your account and access credentials, you should take care to preserve the confidentiality of your username and password, and any device you use to access the PatientRounds Application.
You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify us by email at firstname.lastname@example.org. You will be solely responsible for the losses incurred by us and others (including patients) due to any unauthorized use of your account that takes place as a result of your account having been compromised.
- Electronic Notices. By using the PatientRounds Application, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the PatientRounds Application. If we learn of a security system's breach, we may attempt to notify you electronically by posting a notice on the PatientRounds Application or sending an email to you.
Stored Health-Related Information Disclaimers, Limitations, and Prohibitions
- Stored Health-Related-Information Disclaimers. We do not represent or guarantee the truthfulness, accuracy, or reliability of any Health-Related Information inputted, uploaded or stored to the PatientRounds Application by any User. You accept that any reliance on any Health-Related Information inputted, uploaded or stored by other Users to the PatientRounds Application will be at your own risk.
- Liability for Stored Health-Related Information. You are solely responsible for any Health-Related Information that you input, upload or store to the PatientRounds Application. We do not endorse any, nor are we responsible for, any Health-Related Information inputted, uploaded or stored by you or any other User to the PatientRounds Application. You assume all risks associated with your inputting, uploading or storing of Health-Related Information to the PatientRounds Application, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, you input, upload or store Health-Related Information to the PatientRounds Application that is inaccurate, false or misleading; violates third-party rights; or is unlawful or violates any law or regulation.
- Limitations and Prohibitions. You agree to use the PatientRounds Application only for its intended purpose and in an authorized manner. You must use the PatientRounds Application in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the PatientRounds Application are prohibited. You may not:
- attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the PatientRounds Application, User accounts, or the technology and equipment supporting the PatientRounds Application;
- frame or link to the PatientRounds Application without permission;
- use data mining, robots, or other data gathering devices on or through the PatientRounds Application, unless specifically allowed by these Terms;
- post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
- sell, transfer, or assign any of your rights to use the PatientRounds Application to a third party without our express written consent;
- use the PatientRounds Application in an illegal way or to commit an illegal act in relation to the PatientRounds Application or that otherwise results in fines, penalties, and other liability to us or others.
Disclaimer, Exclusion of Warranties, Limitation of Liability, and Indemnification
- Carrier Lines. YOU ACKNOWLEDGE THAT ACCESS TO THE PATIENTROUNDS APPPLICATION WILL BE PROVIDED OVER VARIOUS FACILITIES AND COMMUNICATIONS LINES, AND INFORMATION WILL BE TRANSMITTED OVER LOCAL EXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES, AND OTHER DEVICES (COLLECTIVELY, “CARRIER LINES”) OWNED, MAINTAINED, AND SERVICED BY THIRD-PARTY CARRIERS, UTILITIES, AND INTERNET SERVICE PROVIDERS, ALL OF WHICH ARE BEYOND OUR CONTROL. WE ASSUME NO LIABILITY FOR, OR RELATING TO, THE INTEGRITY, PRIVACY, SECURITY, CONFIDENTIALITY, OR USE OF ANY INFORMATION WHILE IT IS TRANSMITTED ON THE CARRIER LINES, OR ANY DELAY, FAILURE, INTERRUPTION, INTERCEPTION, LOSS, TRANSMISSION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION ATTRIBUTABLE TO TRANSMISSION ON THE CARRIER LINES. USE OF THE CARRIER LINES IS SOLELY AT YOUR RISK AND IS SUBJECT TO ALL APPLICABLE LOCAL, STATE, NATIONAL, AND INTERNATIONAL LAWS.
- No Warranties. ACCESS TO THE PATIENTROUNDS APPLICATION AND THE INFORMATION CONTAINED ON THE PATIENTROUNDS APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, AND WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE SERVICES OR THE INFORMATION IN THE SERVICES, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. IT IS EXPRESSLY AGREED THAT IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF INFORMATION OR DATA, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF WE HAVE BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. WE DISCLAIM ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS OR THE SERVICES.
- Conditions for Breach. We will not be deemed to be in violation of these Terms unless you have first given us written notice specifying the nature of the default, and we have failed within thirty (30) days of receipt of the notice either to cure the default or, if cure within such period is not practicable, to be diligently proceeding to cure the default.
- Other Users. YOU ACKNOWLEDGE THAT OTHER USERS HAVE ACCESS TO AND ARE USING THE PATIENTROUNDS APPLICATION AND THE ACTIONS OF SUCH OTHER USERS ARE BEYOND OUR CONTROL. ACCORDINGLY, WE DO NOT ASSUME ANY LIABILITY FOR OR RELATING TO ANY IMPAIRMENT OF THE PRIVACY, SECURITY, CONFIDENTIALITY, INTEGRITY, AVAILABILITY, OR RESTRICTED USE OF ANY INFORMATION ON THE SERVICES RESULTING FROM ANY USER’S ACTIONS OR FAILURES TO ACT.
- Unauthorized Access; Lost or Corrupt Data. WE ARE NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO YOUR DATA, FACILITIES OR EQUIPMENT BY PERSONS USING THE PATIENTROUNDS APPLICATION OR FOR UNAUTHORIZED ACCESS TO, ALTERATION, THEFT, CORRUPTION, LOSS OR DESTRUCTION OF YOUR DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH THE SERVICES, WHETHER BY ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER MEANS. YOU ARE SOLELY RESPONSIBLE FOR VALIDATING THE ACCURACY OF ALL OUTPUT AND REPORTS, AND FOR PROTECTING YOUR DATA AND PROGRAMS FROM LOSS BY IMPLEMENTING APPROPRIATE SECURITY MEASURES. YOU HEREBY WAIVE ANY DAMAGES OCCASIONED BY LOST OR CORRUPT DATA, INCORRECT REPORTS, OR INCORRECT DATA FILES RESULTING FROM PROGRAMMING ERROR, OPERATOR ERROR, EQUIPMENT OR SOFTWARE MALFUNCTION, SECURITY VIOLATIONS, OR THE USE OF THIRD-PARTY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY INFORMATION TRANSMITTED OR RECEIVED THROUGH OUR PROVISION OF PATIENTROUNDS APPLICATION.
- Limitation of Liability. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, OUR AGGREGATE LIABILITY UNDER THESE TERMS, REGARDLESS OF THEORY OF LIABILITY, SHALL BE LIMITED TO THE AGGREGATE FEES ACTUALLY PAID BY YOU UNDER THESE TERMS FOR THE SIX (6) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM.
- Indemnification. You agree to defend, indemnify, and hold harmless MedAppsAB and its affiliates, officers, employees, agents, partners, and licensors from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any Health-Related Information inputted, uploaded or stored to the PatientRounds Application by any User, (ii) your use of or reliance on the PatientRounds Application or its content, (iii) any activity on the PatientRounds Application under your log-in credentials, or (iv) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.
- Termination at Any Time. You may stop using the PatientRounds Application at any time. We also reserve the right to suspend or end your use of the PatientRounds Application at any time in accordance with Section 8.2 below at our discretion and without notice. For example, we may suspend or end your use of the PatientRounds Application in a manner that would cause us legal liability, disrupt the PatientRounds Application, or disrupt others' use of the PatientRounds Application.
- Our Duties after Termination. For 45 days following the termination of your use of the PatientRounds Application, we will continue to store and provide you with access to the Health-Related Information that you have inputted, uploaded or stored to the PatientRounds Application so that you may print hard copies of such records prior to our destruction of the records at the expiration of that period. You are solely responsible for printing hard copies of your Health-Related Information prior to its destruction at the end of the 45-day period, and with otherwise complying with all state and federal laws related to the retention of such records.
Arbitration, Class Waiver, and Waiver of Jury Trial
- Arbitration. ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE SUBJECT TO FINAL AND BINDING ARBITRATION GOVERNED BY THE FEDERAL ARBITRATION ACT (9 U.S.C. §§ 1 ET SEQ.). THE ARBITRATION SHALL BE CONDUCTED BEFORE A SINGLE ARBITRATOR IN ACCORDANCE WITH THE COMMERCIAL DISPUTE RESOLUTION PROCEDURES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA”) THEN IN EFFECT, AS MODIFIED BY THIS AGREEMENT, AND WILL BE ADMINISTERED BY THE AAA. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE EITHER PARTY FROM SEEKING TEMPORARY OR PRELIMINARY INJUNCTIVE RELIEF IN CONNECTION WITH AN ARBITRABLE CONTRVERSY, BUT ONLY UPON THE GROUND THAT THE AWARD TO WHICH THAT PARTY MAY BE ENTITLED MAY BE RENDERED INEFFECTUAL WITHOUT SUCH PROVISIONAL RELIEF.
- Class Waiver. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PRIVATE ATTORNEY GENERAL IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL PROCEEDING. BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIM WITH YOUR CLAIMS OR OUR CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY REPRESENTATIVE, CLASS, OR PRIVATE-ATTORNEY-GENERAL PROCEEDING. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.
- Severability of Arbitration Agreement. If any provision of this arbitration agreement is found by a court of competent jurisdiction to be invalid, that shall in no way affect, impair, or invalidate any other provision of this arbitration agreement, and such other provisions shall remain in full force and effect.
- Complete Understanding. These Terms constitute the entire agreement between you and MedAppsAB concerning your use of the PatientRounds Application. There are no written or oral understandings or promises between you and us with respect to the subject matter of these Terms other than those contained or referenced in these Terms.
- Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- Severability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
- Modification. We may revise these Terms at any time by posting an updated version to this web page. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the PatientRounds Application after a change to these Terms constitutes your binding acceptance of these Terms. Without limiting the foregoing, if we make a change to the Terms that materially affects your use of the PatientRounds Application, we may post notice or notify you via email of any such change.
- Applicable Law. The interpretation of these Terms and the resolution of any disputes arising under these Terms shall be governed by the laws of the State of California, without regards to its conflict of law provisions. If any arbitration, action or other proceeding is brought on or in connection with these Terms, its venue shall be exclusively in the City and County of San Diego, California.
Last updated: May 1, 2016