Terms of Use

1. OUR SERVICES?

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.  

These Terms apply to your use of any of the Services. You will not use any of the Services in a manner inconsistent with (1) these Terms or (1) all applicable statutes, regulations, and other laws. The Services governed by these Terms are described below: 

     (a) Telemon Personal Mobile Application (“telemon personal”). The telemon personal provides you with step-by-step Instructions on how to use medical devices for continuous health vitals measurement, medical data collection capabilities, data visualization, notification services and social features like discussions. When you are using telemon personal, it will display the results automatically on your compatible mobile smart device via BLUETOOTH® connection to paired Medical Devices. 

     (b) Telemon ID and Data Security. This Telemon Product allows registered individuals who opt to purchase additional services like additional measures through the telemon personal mobile app, to store and secure their medical data in the HIPAA certified Oracle Cloud Infrastructure by entering into a Business Associate Agreement (BAA). The BAA is required for identifying and establishing the respective responsibilities of Oracle Cloud Infrastructure and the 365care.io for appropriately safeguarding PHI in accordance with HIPAA and any amending legislation. 

 The Services have not been FDA cleared or approved; but the recommended medical devices have been authorized by the FDA. FDA regulates the sale of medical device products in the U.S. and monitors the safety of all regulated medical products. 

 Your Telemon Personal Mobile Account. 

When you install the telemon personal Mobile App on a mobile smart device and register for an account, you will be asked to set up a profile. You may set up multiple profiles in your account for your patients (for laboratories/health care providers/health care professionals) and/or your children, family members, or others (for consumers) and may save vitals measure results under any of these profiles.  The telemon personal will display historical results for each profile. 

By creating a telemon personal Mobile App account, you represent and warrant the following: (a) you are an adult of at least 18 years of age (or an adult under applicable state law), (b) you have the legal ability and authority to enter into these Terms, (c) you have provided accurate and complete Information when establishing your account and creating profiles (“Registration Information”), (d) you have the authority and consent of any individual if you create a profile on their behalf, (e) to the extent you create a profile on behalf of another individual, such individual has reviewed the terms of the 365care.io Privacy Policy, (f) you will take all reasonable steps necessary to maintain and promptly update the Registration Information to ensure that it is accurate and complete, (g) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “Terrorist Supporting” country, and (h) are not listed on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. 

If you provide any information that is untrue or inaccurate about yourself or others for whom you establish a profile, or 365care.io has reasonable grounds to suspect that such information is untrue or inaccurate, 365care.io may suspend or terminate your account immediately.  

Additionally, you agree to maintain the strict confidentiality of your account and any passwords created by you for your use of the Telemon Products, and you agree not to allow other persons or entities to use any username(s) or password(s) that are created by you. You alone shall be responsible for all the activity that occurs in your account, including failure to obtain the proper consent from any individuals for whom you created an account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. If you wish to cancel a username or password, or if you become aware of any loss, their or unauthorized use of a username or password, please notify us immediately. We reserve the right to delete or change any username or password at any Ime and for any reason. 

The telemon personal Mobile App is not intended for use by children under the age of 18 (except for emancipated minors). If you are under 18 years of age and are not an emancipated minor,consent from a parent or guardian is required. 365care.io does not seek to gather personal information from or about persons under the age of 18 without the consent of a parent or guardian unless the person is an emancipated minor. 

2. USE OF THE SERVICES

The telemon personal is provided for use in the United States; it is not sold, licensed, or exported to users who reside outside the United States and European Union. We make no representations that the content of the Services is appropriate or may be used or downloaded outside the United States and European Union. Access to the Services and/or the content may not be legal in certain countries outside the United States and European Union. If you access the Services from outside the United States and European Union, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the website. 

As a user of the Services, you acknowledge that: 

• It is your responsibility to use the telemon personal Mobile App appropriately to obtain the results of the Vitals Measurement. 365care.io is not responsible if you do not use the telemon personal Mobile App and the Medical Devices as directed. 
• It is very important to read the Medical Devices User Manual and the Instructions for Use for the specific vitals’ measurement, which include the indications and contraindications for use of such Medical Device. 
• You will not use these products for any purposes prohibited by.   

Policy 

We strive to maintain the privacy of any information that you elect to provide through the telemon personal Mobile App (“Personal Information”). Please review our Privacy Policy, which is available in the telemon personal and on the 365care.io website, for a full description of the Personal Information that we collect and how we use that information.   

HEALTH CARE PROVIDERS, HEALTH CARE PROFESSIONALS, OR COVERED ENTITIES PLEASE READ: You represent and warrant that use of the Telemon Products will be used in compliance with all applicable laws, including applicable federal and state privacy and data security laws. For Covered Entities under HIPAA (as defined in the Business Associate Terms below), unless you have separately entered into a Business Associate Agreement with 365care.io, the below Business Associate Terms shall apply. 

3. BUSINESS ASSOCIATE TERMS

​​General Provisions 

1. Applicability of these Business Associate Terms. If you are a Covered Entity or you are an employee or other workforce member of a Covered Entity or your access to and/or use of the Telemon Products is paid for and/or sponsored by a Covered Entity (“Your Covered Entry”) under the Administrative Simplification Section of the Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economic and Clinical Health Act and their Implementing Regulations as amended from Ime to Ime (collectively, “HIPAA”), then these Business Associate Terms (these “BA Terms”) are part of these Terms between you and 365care.io. These BA Terms apply when 365care.io creates, receives, maintains, transmits, uses or discloses Protected Health Information on behalf of Your Covered Entity (“PHI”) as a Business Associate.
2. Authority. If you are a workforce member of Your Covered Entity, then you represent and warrant that you are authorized by Your Covered Entity to enter these Terms.
3. Effect. To the extent that 365care.io receives PHI in order to perform activities as a Business Associate, the terms and provisions of these BA Terms shall supersede any conflicting or inconsistent terms and provisions in these Terms to the extent of such conflict or inconsistency.
4. Defined Terms. Capitalized terms used in these BA Terms without definition shall have the respective meanings assigned to such terms by HIPAA.

4. OBLIGATIONS OF 365CARE.IO

Use and Disclosure of PHI 

365care.io may use and disclose PHI as permitted or required under these Terms or as Required by Law but shall not otherwise use or disclose any PHI.  365care.io shall not use or disclose PHI received from Your Covered Entity in any manner that would consulate a violation of HIPAA if so used or disclosed by Your Covered Entity (except as set forth in Sections 2.1(a), (b) and (c) of these BA Terms). To the extent 365care.io carries out any of Your Covered Entity’s obligations under the HIPAA privacy standards, 365care.io shall comply with the requirements of the HIPAA privacy standards that apply to Your Covered Entity in the performance of such obligations. Without limiting the generality of the foregoing, 365care.io is permitted to use or disclose PHI as set forth below: 

• 365care.io may use PHI internally for 365care.io proper management and administration or to carry out 365care.io legal responsibilities. 
• 365care.io may disclose PHI to a third party for 365care.io proper management and administration, provided that the disclosure is Required by Law or 365care.io obtains reasonable assurances from the third party to whom the PHI is to be disclosed that the third party will (1) protect the confidentiality of the PHI, (2) only use or further disclose the PHI as Required by Law or for the purpose for which the PHI was disclosed to the third party and (3) notify Your Covered Entity of any instances of which the third party is aware in which the confidentiality of the PHI has been breached; 
• 365care.io may use PHI to provide Data Aggregation services relating to the Health Care Operations of Your Covered Entity if required or permitted under these Terms; 
• 365care.io may use PHI to create de-identified health Information in accordance with the HIPAA de-identification requirements. 365care.io may use or disclose de-identified health Information for any purpose permitted by law; 

• 365care.io may submit PHI for reporting to federal, state, or local public health authorities when permitted or required; 
• 365care.io may use and disclose PHI to request an authorization, consent or other form of permission from an Individual and may use and disclose PHI in accordance with any such permission obtained from an Individual; and 
• 365care.io may use and disclose PHI (including, without limitation, a Limited Data Set) for Research as permitted by HIPAA and other applicable law. 

Safeguards 

365care.io shall use appropriate safeguards to prevent the use or disclosure of PHI other than as permitted or required by these BA Terms. In addition, 365care.io shall implement Administrative Safeguards, Physical Safeguards and Technical Safeguards that reasonably and appropriately protect the Confidentiality, Integrity and Availability of PHI transmitted or maintained in Electronic Media (“EPHI”) that it creates, receives, maintains or transmits on behalf of Your Covered Entity. 365care.io shall comply with the HIPAA Security Rule with respect to EPHI. 

Minimum Necessary Standard 

To the extent required by the “minimum necessary” requirements of HIPAA, 365care.io shall only request, use and disclose the minimum amount of PHI necessary to accomplish the purpose of the request, use or disclosure. 

Mitigation 

365care.io shall take reasonable steps to mitigate, to the extent practicable, any harmful effect (that is known to 365care.io) of a use or disclosure of PHI by 365care.io in violation of these BA Terms. 

Trading Partner Agreement 

365care.io shall not take any of the following actions: (1) change the definition, Data Condition, or use of a Data Element or Segment in a Standard, except where necessary to implement state or federal law, or to protect against fraud and abuse, (2) add any Data Elements or Segments to the maximum defined Data Set, (3) use any code or Data Elements that are either marked “not used” in the Standard’s Implementation Specification or are not in the Standard’s Implementation Specification(s), or (4) change the meaning or intent of the Standard’s Implementation Specification(s). 

Subcontractors 

365care.io shall enter into a written agreement meeting the requirements of 45 C.F.R. §§ 164.504(e) and 164.314(a)(2) with each Subcontractor that creates, receives, maintains or transmits PHI on behalf of 365care.io. 365care.io shall ensure that the written agreement with each Subcontractor obligates the Subcontractor to comply with restrictions and conditions that are at least as restrictive as the restrictions and conditions that apply to 365care.io under these BA Terms. 

Reporting Requirement 

1. If 365care.io becomes aware of a use or disclosure of PHI in violation of these Terms by 365care.io or a third party to which 365care.io disclosed PHI, 365care.io shall report the use or disclosure to Your Covered Entity without unreasonable delay.  
2. 365care.io shall report any Security Incident involving EPHI of which it becomes aware in the following manner: (1) any actual, successful Security Incident will be reported to Your Covered Entity in wring without unreasonable delay and in no case later than 30 days are discovery of the Security Incident, and (2) all attempted, unsuccessful Security Incidents (e.g., unsuccessful log-in attempts) are hereby deemed reported to Your Covered Entity.  
3. 365care.io shall, following the discovery of a Breach of Unsecured PHI, notify Your Covered Entity of the Breach in accordance with 45 C.F.R. § 164.410 without unreasonable delay and in no case later than 30 days after discovery of the Breach.  

Access to PHI 

Within 15 business days of a written request by Your Covered Entity for access to PHI about an Individual contained in any Designated Record Set of Your Covered Entity maintained by 365care.io, if any, 365care.io shall make available to Your Covered Entity such PHI for so long as 365care.io maintains such information in the Designated Record Set. If 365care.io receives a request for access to PHI directly from an Individual, 365care.io shall forward such request to Your Covered Entity within ten business days. Your Covered Entity shall have the sole responsibility to make decisions regarding whether to approve a request for access to PHI. 

Availability of PHI for Amendment 

Within 15 business days of receipt of a written request from Your Covered Entity for the amendment of an Individual’s PHI contained in any Designated Record Set of Your Covered Entity maintained by 365care.io, if any, 365care.io shall provide such information to Your Covered Entity for amendment and incorporate any such amendments in the PHI (for so long as 365care.io maintains such Information in the Designated Record Set) as required by 45 C.F.R. § 164.526. If 365care.io receives a request for amendment to PHI directly from an Individual, 365care.io shall forward such request to Your Covered Entity within ten business days. Your Covered Entity shall have the sole responsibility to make decisions regarding whether to approve a request for an amendment to PHI. 

Accounting of Disclosures 

Within 30 business days of written notice by Your Covered Entity to 365care.io that it has received a request for an accounting of disclosures of PHI (other than disclosures to which an exception to the accounting requirement applies), 365care.io shall make available to Your Covered Entity such information as is in 365care.io possession and is required for Your Covered Entity to make the accounting required by 45 C.F.R. § 164.528. If 365care.io receives a request for an accounting directly from an Individual, 365care.io shall forward such request to Your Covered Entity within ten business days. Your Covered Entity shall have the sole responsibility to provide an accounting of disclosures to the Individual. 

Availability of Books and Records 

Following reasonable advance written notice, 365care.io shall make 365care.io internal practices, books and records relating to the use and disclosure of PHI received from or created or received by 365care.io on behalf of, Your Covered Entity available to the Secretary for purposes of determining Your Covered Entity’s compliance with HIPAA. 

5. OBLIGATIONS OF COVERED ENTITY

Permissible Requests 

Covered Entity shall not request 365care.io to use or disclose PHI in any manner that would not be permissible under HIPAA if done directly by Covered Entity (except as provided in Sections II(a)(i), (ii) and (iii) of these BA Terms). 

Minimum Necessary PHI 

When Covered Entity discloses PHI to 365care.io, Covered Entity shall only provide the minimum amount of PHI necessary for the accomplishment of 365care.io purpose. 

Permissions; Restrictions 

Covered Entity represents and warrants that it has obtained and will obtain any consents, authorizations and/or other legal permissions required under HIPAA and other applicable law for the disclosure of PHI to 365care.io. Covered Entity shall notify 365care.io of any changes in, or Revocation of, the permission by an Individual to use or disclose his or her PHI, to the extent that such changes may affect 365care.io use or disclosure of PHI. Covered Entity shall not agree to any restriction on the use or disclosure of PHI under 45 C.F.R. § 164.522 that restricts 365care.io use or disclosure of PHI under these Terms unless such restriction is Required by Law or 365care.io grants 365care.io written consent, which consent shall not be unreasonably withheld. 

Notice of Privacy Practices 

Except as Required By Law, with 365care.io consent or as set forth in these Terms, Covered Entity shall not include any limitation in the Covered Entity’s notice of privacy practices that limits 365care.io use or disclosure of PHI under these Terms.

6. TERMINATION OF THESE TERMS

Termination Upon Breach of these BA Terms. Any other provision of these Terms notwithstanding, either party (the “Non-Breaching Party”) may terminate these Terms upon 90 days advance written notice to the other party (the “Breaching Party”) in the event that the Breaching Party breaches these BA Terms in any material respect and such breach is not cured to the reasonable satisfaction of the Non-Breaching Party within such 90-day period. 

Return or Destruction of PHI upon Termination. Upon expiration or earlier termination of these Terms, 365care.io shall either return or destroy all PHI received from Covered Entity or created or received by 365care.io on behalf of Covered Entity and which 365care.io still maintains in any form. Notwithstanding the foregoing, to the extent that 365care.io determines that it is not feasible to return or destroy such PHI, the terms and provisions of these BA Terms shall survive termination of these Terms and such PHI shall be used or disclosed solely for such purpose or purposes which prevented the return or destruction of such PHI.  

7. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property  

365care.io is, unless otherwise stated, the owner of all copyright, trademarks, logos, patents, trade secrets, databases, source code, functionality, software, website designs, audio, video, text, photographs, graphics and other proprietary rights to information on the Services (collectively, the “Content”), including without limitation, the telemon personal app.  

Our Services and all other material provided and the collection and compilation and assembly thereof are the exclusive property of 365care.io and are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world. If any product name or logo does not appear with a trademark (TM), that does not constitute a waiver of intellectual property rights that 365care.io has established in any of its products, services, features, or service names or logos. 

Your use of our Services  

The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use or internal business purpose only. Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:  

• access the Services; and  
• download or print a copy of any portion of the Content to which you have properly gained access.  

solely for your personal, non-commercial use or internal business purpose.  

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.  

If you wish to make any use of the Services or Content other than as set out in this section or elsewhere in our Legal Terms, please address your request to telemon@365care.io. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.  

We reserve all rights not expressly granted to you in and to the Services and Content.  

The telemon personal app and related documentation are “Commercial Items” as defined in federal regulations. If Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users, they are licensed (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. 

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.  

Your submissions  

Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.  

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions” ), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.  

You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:  

• confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;  
• to the extent permissible by applicable law, waive any and all moral rights to any such Submission;  
• warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above – mentioned rights in relation to your Submissions; and  
• warrant and represent that your Submissions do not constitute confidential information of other individuals.  

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.   

8. USER REPRESENTATIONS

By using the Services, you represent and warrant that : (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non – human means, whether through a bot, script or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.  

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).  

9. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.  

As a user of the Services, you agree not to:  

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.  
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.  
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.  
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.  
• Use any information obtained from the Services in order to harass, abuse, or harm another person. 
• Make improper use of our support services or submit false reports of abuse or misconduct.  
• Use the Services in a manner inconsistent with any applicable laws or regulations.  
• Engage in unauthorized framing of or linking to the Services.  
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.  
• Engage in any automated use of the system, such as using scripts to send messages, or using any data mining, robots, or similar data gathering and extraction tools.  
• Delete the copyright or other proprietary rights notice from any Content.  
• Attempt to impersonate another user or person or use the username of another user.  
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).  
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.  
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.  
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.  
• Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.  
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.  
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.  
• Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.  
• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.  
• Assign, transfer, sublicense, rent, timeshare, loan, lease or otherwise transfer the telemon personal Mobile App, or directly or indirectly permit any third party to copy and install the telemon personal app on a device not owned and controlled by you. If you transfer ownership of your mobile smart device, you must delete the telemon personal app from the mobile smart device before doing so. 
• Distribute or make the telemon personal Mobile App available over a network where it could be used by multiple devices at the same time. The telemon personal app must be downloaded on each mobile smart device.

10. USER GENERATED CONTRIBUTIONS

The Services does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).  

Contributions may be viewable by other users of the Services if you choose such settings (e.g., share your data with care person or your doctor). When you create or make available any Contributions, you thereby represent and warrant that:  

• confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Services any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;  
• warrant and represent that your Contributions do not constitute confidential information of other individuals..  
• You are solely responsible for your Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

11. CONTRIBUTION LICENSE

You and Services agree that we may access, store, process, and use any information.  and personal data that you provide and your choices (including settings).  

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.  

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights. associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area of the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.  

12. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.  

13. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services.  

WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.  

In such a case, the Telemon Products may cease to function and your data that are stored on the cloud server may become inaccessible. You are solely responsible for saving locally any data stored in the telemon personal app. We may, at our discretion, provide you with all the data that is stored on the cloud server, but we are not obligated to do so. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 

If we terminate or suspend your account for any reason you are prohibited from registering and creating a new account under your name, or fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. 

14. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.  

We cannot guarantee the Services will be available at all times.  

We take reasonable steps to ensure that the telemon personal app is available 24 hours every day, 365 days per year. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. 

Where possible, we will try to give our users advance warning of maintenance issues but shall not be obliged to do so. We will not be liable if the Telemon Products are unavailable at any time. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you.  

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.  

15. APPLICABLE LAW AND JURISDICTION

For any controversy or dispute that may arise on the interpretation or execution of this agreement, the parties agree to apply Slovakia law. The parties will refer their dispute to the competent courts in the framework of executing this contract.

 THE PARTIES KNOWINGLY AND VOLUNTARILY AND IRREVOCABLY WAIVE THEIR RIGHT TO A TRIAL BY JURY WITH REGARD TO MATTERS RELATING TO THIS AGREEMENT AND THE APP AND TECHNOLOGY. 

16. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

17. DISCLAIMER

THE INFORMATION PROVIDED BY THE SERVICES IS NOT INTENDED TO TREAT, CURE, OR PREVENT ANY DISEASE BUT TO ASSIST YOU IN A DIAGNOSIS THROUGH USE OF THE 365CARE.IO SERVICES. 

THE SERVICES ARE PROVIDED ON AN AS – IS AND AS – AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE  WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.  

In addition, 365care.io expressly disclaims any liability and is not responsible, and you acknowledge and agree that 365care.io is not liable or responsible, for: (a) any errors in data or data entry, whether caused by you or by hardware, software or otherwise; (b) errors in results, (c) errors in diagnostic or therapeutic conclusions relying on erroneous data or data entry; (d) malfunction or loss of use of any hardware or software; (e) loss or degradation of communications between you, the Telemon Products, and/or 365care.io for any reason not within control of 365care.io; (f) personal injury; (g) your failure to correct erroneous data or to comply with proper Instructions; (h) delay, failure, interruption or corruption of data, and (i) errors resulting from unauthorized access to the Telemon Products. 

WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 

365care.io is not liable to you, or any third party, for any decision made or action taken by you, or any third party based on information contained on or within the Telemon Products; or, due to reliance upon information contained on or within the Telemon Products. You are solely responsible for verifying the accuracy of all personal information contained within Telemon Products and for obtaining the consent of those for whom you create a profile on their behalf. 365care.io is not responsible for any loss of the data entered into the telemon personal app if you lose your mobile smart device or delete the mobile application without previous synchronization (manual or automatic) of data to the cloud server. You are solely responsible for any data fees on your mobile smart device or charges incurred related to your transfer of data via the internet. 

365care.io, its suppliers and licensors shall have no liability for errors, unreliable operation, or other issues resulting from use of Telemon Products on or in connection with rooted or jail broken devices or use on any mobile smart device that is not in conformance with the manufacturer’s original specifications, including use of modified versions of the operating system (collectively, “Modified Devices”). 

18. LIMITATIONS OF LIABILITY  

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OFFICERS, AGENTS, REPRESENTATIVES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PERSONAL INJURY OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE  DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT, BUSINESS INTERRUPTION, LOST REVENUE, LOSS OF DATA, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING FROM YOUR USE OF THE SERVICES, OR INABILITY TO USE THE TELEMON PRODUCTS OR YOUR RELIANCE ON OR USE OF THE TELEMON PRODUCTS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS, THE AGGREGATE LIABILITY OF 365CARE.IO TO YOU ARISING UNDER OR IN CONNECTION WITH THESE TERMS IS LIMITED TO THE GREATER OF (1) THE AMOUNT THAT YOU PAID TO 365CARE.IO FOR THE SERVICES ON WHICH THIS DISPUTE IS BASED IN THE PAST SIX (6) MONTHS OR $75.00, WHICHEVER IS GREATER. 

 CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, BUT ONLY TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE NOT ALLOWED. 

NEITHER 365CARE.IO NOR ANY OF ITS SUPPLIERS OR LICENSORS (EXCEPT TO THE EXTENT OF ANY LIABILITY BY GOLDMANN SYSTEMS) SHALL BE LIABLE FOR ANY PROFESSIONAL ADVICE OR OTHER HEALTHCARE ITEMS AND SERVICES THAT YOU OBTAIN FROM GOLDMANN SYSTEMS OR 365CARE.IO, ANY AGENT OR CONTRACTOR OF GOLDMANN SYSTEMS OR 365CARE.IO, OR A PHYSICIAN AFFILIATED WITH GOLDMANN SYSTEMS OR 365CARE.IO VIA THE TELEHEALTH SERVICE PROVIDED THROUGH THE TELEMON PERSONAL MOBILE APP NOR FOR ANY INFORMATION OBTAINED FROM THE TELEHEALTH SERVICES.  YOU ACKNOWLEDGE THAT YOUR RELIANCE ON ANY PHYSICIANS OR OTHER PERSONS OR INFORMATION PROVIDED BY THE TELEHEALTH SERVICES IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. 365CARE.IO DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE TRAINING OR SKILL OF ANY POVIDERS OR OTHER PERSONS PROVIDING TELEHEALTH SERVICES. YOU ARE ULTIMATELY RESPONSIBLE FOR CHOOSING YOUR PARTICULAR PHYSICIAN. 

The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 

FOR HEALTHCARE PROVIDERS, PLEASE READ: THE SERVICES ARE DESIGNED TO HELP YOU, BUT YOU SHOULD EXERCISE YOUR OWN CLINICAL JUDGMENT WHEN USING THE TELEMON PRODUCTS (CONTENT AND TOOLS). THE CONTENT AND TOOLS PROVIDED BY TELEMON PRODUCTS DO NOT CONSTITUTE INDEPENDENT MEDICAL ADVICE. 365CARE.IO IS NOT ENGAGED IN THE PRACTICE OF MEDICINE. 

FOR INDIVIDUAL USERS, PLEASE READ: IF YOU EXPERIENCE A MEDICAL EMERGENCY, STOP USING THE TELEMON PRODUCTS AND CALL 911. YOU ACKNOWLEDGE THAT THE INFORMATION PROVIDED THROUGH OUR CONTENT AND TOOLS ARE NOT INTENDED, OR TO BE CONSTRUED, AS INDEPENDENT MEDICAL ADVICE OR TREATMENT, AND IS NOT A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH CARE PROFESSIONALS WHO ARE FAMILIAR WITH YOUR INDIVIDUAL MEDICAL NEEDS. 365CARE.IO IS NOT ENGAGED IN THE PRACTICE OF MEDICINE. 

19. THIRD PARTY CONTENT/LIABILITY

These Terms are only applicable to the use of the Services. The telemon personal app may enable access to third-party services and websites, including Telemon Portal, Drug Bank (“External Services”). We do not have any control over External Services, and as such, 365care.io, its suppliers and licensors, disclaim all liability from your use of those External Services. Any link on or within Telemon Products to another site is not an endorsement of such other site. No judgment or warranty is made with respect to the accuracy, timemeliness, or suitability of the content of any site to which we may link, and we take no responsibility for it. To the extent you choose to use such External Services, you agree to use such services at your sole risk and you are solely responsible for compliance with any applicable laws. 365care.io serves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you. 

Your wireless carrier, the manufacturer and retailer of your mobile smart device, the developer of the operating system for your mobile smart device, the operator of any application store, marketplace, or similar service through which you obtain the telemon personal app, and their respective affiliates, suppliers, and licensors are not parries to these Terms and they do not own and are not responsible for the telemon personal app. You are responsible for complying with all of the application store and other applicable terms and conditions by these or other sites or services. 

20. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, volunteers, contractors and employees, from and against any loss, damage, liability, claim, or demand, including without limitation reasonable attorneys’ and accounting fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights, any claim for personal injury, death or damage to property, or breach or loss of data that you (or unauthorized users using your account) have transmitted, uploaded, downloaded, stored, managed or in any other way accessed, using the Services; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.  

21. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.  

22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES 

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.  

23. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us.  

For the avoidance of doubt, in the event that an entity, such as You or Your partner, spouse, or parent’s employer, university, or health plan (a “Program Sponsor”) is paying for access to the Telemon Products on your behalf and has a separate, written agreement with 365care.io directly related to 365care.io provision of the Telemon Products to you, that written agreement will govern and control in the event of any conflict with these Terms.  

Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

24. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us: 

365care.io
Division of Goldmann Systems
Email: telemon@365care.io

 Telemon and 365care.io are registered trademarks of Goldmann Systems a. s., Dvořákovo nábrežie 4, 811 02 Bratislava, Slovakia. Apple and App Store are registered trademarks of Apple Inc., registered in the U.S. and other countries and regions. Google Play is a trademark of Google LLC. The Bluetooth® word mark and logos are registered trademarks owned by Bluetooth SIG, Inc. and any use of such marks by 365care.io is under license. Other trademarks and trade names are those of their respective owners.