Terms and Conditions
TERMS OF SERVICE
MyCare Health Corp., a United States corporation (“MyCare Health”, “our”, “us”, or “we”) provides a parent, employee/employer, patient, provider, and family/loved-ones (“Circle of Care”) an engagement platform-as-a-service product (“MyCare Health” or the “MyCare Health Platform”) was created by its wholly owned MyCare Health Corp., which includes a desktop interface ( the“Desktop”) and mobile application (the “Mobile App”) and associated email and web-based versions of the parent, employee/employer, patient, provider, Circle of Care and admin interfaces in MyCare Health (collectively the “Interfaces”). MyCare Health has designed its services to help parent, employees/employers, and patient users (“Patients”), as well as client administrators (“Admins”), healthcare professionals (“Providers”), their designated friend or family members (“Family”) and other caregivers (“Caregivers”) track and manage Patient health information across different healthcare providers or sponsors and their personnel (“Sponsors”). The term “you” refers to a Patient, Provider, Admin, Family, and/or Caregiver end user of MyCare Health.
AGREEMENT ACCEPTANCE
This End User Service Agreement (this “Agreement”) sets forth the legally binding terms for your use of and access to MyCare Health. By clicking the “I AGREE” button, installing the Mobile App or using MyCare Health Desktop, you agree to be bound by this Agreement as of such date (the “Effective Date”). IF YOU DO NOT AGREE, YOU SHOULD NOT USE MYCARE HEALTH NOR INSTALL THE MOBILE APP. IF YOU DO NOT AGREE, YOU SHOULD DISCONTINUE USE THEREOF AND UNINSTALL THE MOBILE APP IMMEDIATELY.
3. WHO WE ARE
MyCare Health provides technology solutions for the healthcare Providers, Patients, Pharmaceuticals, and Insurance industries. MyCare Health is not in itself a health care provider nor health insurance carrier and does not practice medicine. Our telemedicine doctors in each country that we provide may do so, but MyCare Health Corp., is not in itself a medical practitioner.
4. YOUR REPRESENTATION IN MYCARE HEALTH
You represent and warrant that you are 18 years of age or older and that the information that you provide to us about you, or, if you are a Family, Provider, Admin, or Caregiver, about your/and or a Patient, in connection with MyCare Health will be up-to-date (current), true, accurate, supportable and complete. If you are a Provider, Admin, Family, or Caregiver, you further represent and warrant that you have all necessary rights, licenses, consents and approvals to provide us with any Patient-related information and data (including Patient health information) in connection with MyCare Health.
5. DESIGNATION OF CAREGIVERS, PROVIDERS, ADMINISTRATORS, and CIRCLE OF CARE users
As a Patient user of MyCare Health, you may allow one or more Caregivers, Providers, Admins, and your chosen Circle of Care you validate and invite to use MyCare Health on your behalf through the Mobile App and the Interface. As a Patient, you acknowledge that MyCare Health is not responsible for any Caregiver, Provider, Admin, or Circle of Care user that you allow to use and access MyCare Health on your behalf.
6. ENABLED SPONSORS
Through MyCare Health, you may receive Sponsor Content (defined below) from Sponsors and their personnel with whom you have a relationship for the provision of healthcare products and services and that you validate and connect with through a Sponsor access code or link distributed via the Mobile App or Desktop Dashboard (each, an “Enabled Sponsor”). MyCare Health has contracts with various Sponsors allowing them to access MyCare Health. However, MyCare Health does not warrant or endorse any Sponsor and does not validate or investigate the licensing, certification or other requirements and qualifications of Sponsors. It is your responsibility to investigate Sponsors.
7. LISCENCE GRANT
Subject to the terms of this Agreement, MyCare Health hereby grants you a limited, non-exclusive and non-transferable license to (a) access MyCare Health via the Desktop Dashboard, (b) download, install and use the Mobile App on smart phones, tablet or other mobile device that you own or control and (c) use the content, including text, pictures, videos, links and personalized information or instructions made available to you through the Mobile App or Desktop Dashboard (“Content”) by your Enabled Sponsors (“Sponsor Content”) for your personal, non-commercial use.
8. LISCENCE RESTRICTIONS
You shall not: (a) copy any element of MyCare Health, except as expressly permitted by this license; (b) modify, translate, adapt, or otherwise create derivative works or improvements of MyCare Health; (c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of any element of MyCare Health; (d) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notice from MyCare Health; or (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available MyCare Health or any features or functionality thereof to any third party for any reason. If for some reason these restrictions are prohibited by applicable law or by an agreement we have with one of our licensors, then the activities are permitted only to the extent necessary to comply with such law or license(s).
9. RESERVATION OF RIGHTS
You acknowledge that the Mobile App is licensed, not sold, to you. MyCare Health Corp., reserves all rights in and to MyCare Health not expressly granted to you under this Agreement. You do not acquire any ownership interest in the Mobile App or MyCare Health under this Agreement, including any copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. If your opinion contains the submission of any comments, suggestions, or other feedback regarding MyCare Health (“Feedback”), we are free to use such Feedback for any purpose. “MyCare Health” and all associated logos displayed within MyCare Health are our trademarks (unless otherwise noted). MyCare Health may include the names and logos of Sponsors on MyCare Health; however, MyCare Health is not affiliated with any Sponsor and no Sponsor grants you any rights in and to its trademarks and other intellectual property.
10. PATIENT CONTENT
(a) License Granted to Us in Patient Content
As part of MyCare Health, Patients, Providers, Circle of Care, Admin and Caregivers may have the ability to submit text, messages, photos and personalized information to Enabled Sponsors. In order to allow for this type of exchange to be permitted, we need to provide Patients, Providers, Circle of Care, and Caregivers that contribute Content about a Patient (“Patient Content”) to permit the services and uses that we envision. We do not claim ownership rights in the Patient Content, however, if and only if you share Patient Content (or allow a Provider, Circle of Care, Admin or Caregiver to do so on your behalf) through the Mobile App or Desktop Dashboard, you hereby grant us a non-exclusive, fully-paid, royalty-free, fully sub licensable, transferable, irrevocable worldwide license under any of your applicable intellectual property or other rights protecting the Patient Content to use, display, reproduce and distribute the same (in whole or in part) in order to provide elements of MyCare Health as it pertains to communication between the Enabled Sponsors and you.
(b) SUBMITTED PATIENT CONTENT
You may not provide any Patient Content that is malicious, defamatory, pornographic, abusive or threatening, or that promotes illegal or immoral activities. It is important to us that users do not use MyCare Health to infringe the rights of others. You represent to us that, to your knowledge (a) you have the right to share the Patient Content via the Mobile App or the Dashboard; and (b) the posting and sharing of your Patient Content does not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person or entity. If you are a Provider, Family/Circle of Care, Admin, or Caregiver, you further represent and warrant that you have all necessary rights, licenses, consents and approvals from Patients and any necessary third parties to provide us with any Patient Content (including Patient health information) in connection with MyCare Health. We reserve the right to remove any of Patient Content from MyCare Health in our sole discretion, including because it does or may infringe another party’s rights.
11. PRIVACY POLICY
You acknowledge and agree that MyCare Health is not a “Covered Entity” under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) as such term is defined by HIPAA. MyCare Health services and platform are HIPAA certified, however, individually. HIPAA addresses the manner in which a Patient’s individually identifiable health information may be used or disclosed by Covered Entities and other companies, such as MyCare Health. For more information regarding your rights under HIPAA, see http://www.hhs.gov/ocr/privacy/. Herein, you specifically acknowledge and consent to the uses and disclosures of your Patient Content and other information (which may include individually identifiable health information) as described in our Privacy Policy, available at www.mycare-health.com, which is hereby incorporated by reference. Except as provided by our Privacy Policy or as required by law, as between you and MyCare Health and any Sponsor Content, Patient Content and other information and data collected through MyCare Health will be non-confidential and non-proprietary and MyCare Health will not be liable for any use or disclosure of Content, including to any Enabled Sponsor.
12. MAINTENANCE AND EMERGENCY AVAILABILITY
Scheduled system maintenance shall take place from time to time, and during such time, updates to MyCare Health or elements thereof may be unavailable. Emergency maintenance may be required at other times in the event of system failure. MyCare Health or some aspects thereof may require a wireless Internet connection. Use of MyCare Health is void where prohibited. You use MyCare Health at your own initiative and are responsible for compliance with any applicable laws in connection with your use thereof. MyCare Health may also impose limits on the use or access to MyCare Health platforms as required by law. Please note, IF YOU OR SOMEONE YOU KNOW IS EXPERIENCING A MEDICAL EMERGENCY, CALL 911 (United States and Canada) or 112 (France), IMMEDIATELY. Patient specifically acknowledges that outage and downtime may occur, as may Sponsor error in communicating via MyCare Health, including through Desktop Dashboard or the Mobile App. Patient acknowledges the limitations inherent in communication technology and that it is not entitled to assume that the end user interacting with Patient via the Desktop Dashboard Mobile App necessarily is the Enabled Sponsor.
13. TERMS AND TERMINATION
The term of this Agreement and the license and other rights granted herein commence on the Effective Date and continue until terminated by MyCare Health or you. You may terminate this Agreement by deleting the services or Mobile App and all copies of it from your devices. MyCare Health may terminate this Agreement at any time without notice if it ceases to offer MyCare Health or support the Mobile App, which it may do in its sole discretion, or if you fail to comply with one or more terms of this Agreement. Upon termination of this Agreement: (a) all license and other rights granted to you under this Agreement will terminate; and (b) you must cease all use of MyCare Health and destroy all copies, full or partial, of the services or thee Mobile App. You acknowledge that MyCare Health may restrict, modify, or terminate this Agreement, without liability, for its convenience, or if you violate this Agreement or any law, rule, or regulation.
14. ACKNOWLEDGMENTS FOR MOBILE APPLICATION
Regarding Apple, Inc., Google Inc. and other App Store Providers: You acknowledge that this Agreement is between you and MyCare Health and not with Apple, Inc. (“Apple”), Google Inc. (“Google”) or any sponsor or provider of any application marketplace (each an “App Store Provider”) and that MyCare Health (not the applicable App Store Provider) is responsible for the Mobile App or MyCare Health. YOU ACKNOWLEDGE AND AGREE THAT NO APP STORE PROVIDER MAKES ANY WARRANTIES OR HAS ANY OBLIGATIONS WHATSOEVER UNDER THIS AGREEMENT OR HAS ANY WARRANTY OBLIGATIONS WITH RESPECT TO THE APPLICATION OR THE SERVICE. If you are using the Mobile App on any iOS-based device, this license is granted to you only as permitted by and subject to any applicable Usage Rules set forth in the Apple App Store Terms and Conditions and Apple and its subsidiaries, are third party beneficiaries of this Agreement. If you are using the Mobile App on any Android-based device, this license is granted to you only as permitted by and subject to any applicable Android Market Terms of Service established by Google.
15. DISCLAIMER OF WARRENTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MYCARE HEALTH PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT THERETO, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN MYCARE HEALTH WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION THEREOF ANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN PATIENT IO WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE THAT WE GIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY. YOU ACKNOWLEDGE AND AGREE THAT SPONSORS ARE SOLELY RESPONSIBLE FOR ANY AND ALL (A) COMMUNICATIONS AND CONTENT TRANSMITTED TO YOU THROUGH MYCARE HEALTH; (B) MEDICAL OR HEALTH-RELATED ADVICE DISPENSED THROUGH MYCARE HEALTH; AND (C) ANY PRODUCTS OR SERVICES THAT SPONSORS MAY PROVIDE TO YOU. YOU RELY ON THE ADVICE OF A SPONSOR SOLELY AT YOUR OWN RISK. MYCARE HEALTH ENCOURAGES YOU TO OBTAIN THE IN-PERSON ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL THAT IS FULLY AWARE OF YOUR INDIVIDUAL SYMPTOMS AND CIRCUMSTANCES BEFORE YOU RECEIVE ANY DIAGNOSIS, TREATMENT, MEDICATION OR PROCEDURE.
16. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL MYCARE HEALTH OR ITS AFFILIATES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO PATIENT IO, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF MYCARE HEALTH TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MYCARE HEALTH OR ITS AFFILIATES HAVE AGGREGATE LIABILITY HEREUNDER FOR DAMAGES IN EXCESS OF THE LESSER OF THE AMOUNT YOU PAID FOR MYCARE HEALTH SERVICES, IF ANY, IN THE THREE (3) MONTHS PRECEDING THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF CERTAIN DAMAGES, SO THIS LIMITATION MAY NOT APPLY.
17. ACKNOWLEDGMENTS REGARDING SMS MESSAGING AND NOTIFICATIONS
To the extent the Mobile App enables you to send or receive SMS messages, the standard text messaging rates or other carrier charges may apply to such use. Further, to the extent the Mobile App has push notification capability, by downloading the Mobile App and clicking to allow push notifications, YOU CONSENT TO RECEIVE COMMUNICATIONS, INCLUDING COMMERCIAL COMMUNICATIONS FROM OR ON BEHALF OF MYCARE HEALTH AND OUR PARTNERS.
18. RESTRICTIONS AND EXPORT
You may not use or otherwise export or re-export MyCare Health or elements thereof except as authorized by United States, Canada, and French law and the laws of the jurisdiction in which MyCare Health was accessed or obtained. MyCare Health Care and related documentation are “Commercial Items,”. The Commercial Computer Software and Commercial Computer Software Documentation are being licensed to any U.S., French, and Canadian Government end users (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.
19. AMENDMENTS
Any amendments to and waivers under this Agreement shall only be valid if in writing and signed by an executive of MyCare Health, or in the case of Patient or Caregiver, accepted via a click-to accept mechanism.
20. MISCELLANEOUS
Neither party shall be in default for failing to perform any obligation hereunder if such failure is caused solely by supervening conditions beyond the parties’ respective control, including without limitation acts of God, civil commotion, strikes, terrorism, failure of third party networking equipment, illegal acts of third parties, failure of the public Internet or changes in the accessibility of third party websites, power outages, labor disputes or governmental demands or restrictions. This Agreement constitutes the entire agreement between us regarding MyCare Health.
The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. You may not transfer or assign this Agreement or any of your rights or obligations hereunder without our prior written consent, and any attempt to do so shall be null and void. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.