Disclaimers / Terms & Conditions – Privacy
The “everbeat Services” means any websites, mobile applications, and other services under the control of Grektek, used in connection with providing an online digital platform to enable consumers to manage their own health records and collaborate with their care team, caregivers and monitoring devices.
MORE ABOUT THE EVERBEAT SERVICES
The mission of everbeat Services is to connect patients, doctors, and caregivers by exchanging relevant heart health-related information in a timely, seamless and comprehensible manner. Everbeat Services are a family of solutions including WellConnected, WellTransitions, WellMD and everbeat. The everbeat platform is what you and your physician see when using our software. The other solutions provide back-end support and services leveraged by everbeat.
Everbeat is Grektek’s platform focused on heart health. It includes (a) the everbeat wrist-based device that provides heart rate signals from both photoplethysmogram (PPG) and electrocardiogram (ECG) chips, (b) the everbeat application software which provides the interface with the patient, (c) data services that communicate between the everbeat device and your mobile device, and (d) information presented to a permitted physician either via file transfer or through a physician portal.
This document constitutes a legally binding contract. We will update these terms when necessary to include new features and capabilities, you are agreeing to review it and any updates as necessary. By continuing to use our everbeat Services you inherently have accepted the continued agreement and any changes.
REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
You need to be at least 13 years old and a resident of the United States to register for and use the Service. if you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the everbeat Services.
In order to use the everbeat Services, you must register to create an everbeat account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
To use the everbeat Services, you will log in with your email address and a password of your choosing. Your login information and account is personal to you, and you may not share your account information with, or allow access to your account by, any third party.
As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the everbeat Services and any device that you use to access the everbeat Services. You are responsible for safeguarding your password. If you forget your password, you can use the password reset feature to establish a new one.
In order to help us safeguard your information, you agree to notify us immediately of any breach in secrecy of your login credentials. 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 Grektek by email to [email protected]. You will be solely responsible for the losses incurred due to any unauthorized use of your account.
SHARING RECORDS WITH THIRD PARTIES
If you wish to provide access to your health records or invite a third party to collaborate in your health care management, you may invite them through the everbeat Services in your account, but any third party must create their own everbeat account and use their own log-in information to access any health information that has been shared with them.
You control who may access your Records. You assume all risks associated with sharing your information and Grektek is not legally liable for what transpires with the information once you have shared that information.
If you are using the everbeat Services as part of a health care management service through a healthcare provider, you acknowledge and agree that such healthcare provider may share health care management related Records and other personal health information with and solicit Records and other personal health information from your other healthcare providers as authorized by the HIPAA-compliant authorization you must sign with that healthcare provider. If you request everbeat Services to send records through a verbal authorization, you agree that our documentation of a verbal authorization is equal to a written authorization.
If you are a user who signs up for the Service, you will create a personalized account which includes a unique username and a password to access the Service and to receive messages from Grektek regarding the service. You agree to notify us immediately of any unauthorized use of your password and/or account. Grektek will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
NOT MEDICAL ADVICE
Neither Grektek nor the everbeat Services provide medical advice. We created everbeat Services in order to empower patients to take a more active role in their health care. The goal of everbeat Services is to focus, educate and inform, remind and communicate tool for your health situation, activities and behaviors. Ultimately you are responsible for your own health and everbeat Services are informational tools to help you.
Any information and materials available through everbeat Services are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for your own judgment in consultation with your health care provider.
Everbeat Services are not a substitute for professional medical treatment. You assume full risk and responsibility for the use of information, including your health information, you obtain from or through the everbeat Services. Always seek the advice of your physician or other qualified health care provider regarding a medical condition. Grektek does not recommend or endorse any provider of health care or health-related products, items, or services, and does not recommend or endorse any specific tests, procedures, treatments, opinions, products, or other health related services.
Grektek is not responsible for backing up your records, and we have the right to terminate your account and delete your records permanently without notice.
USE BUT NOT OWNERSHIP OF OTHER USER’S RECORDS
If an everbeat member consents to share their information with you, you may use it to support their health goals. However, you may not use it for any other purpose without their consent, which is not explicitly given in this agreement. Any breach of this information outside of the everbeat ecosystem and or to others in the everbeat ecosystem who were not given consented access by the owner of the records is strictly forbidden. Members can share with you, but you do not have the right to share with others outside the consented scope without additional consent from the owner. If you breach these obligations you are solely liable for any damages or repercussions. You additionally indemnify Grektek for any damages or liabilities resulting from such a breach.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
Termination of Repeat Infringer Accounts. Grektek respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, Grektek has adopted a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. Grektek may terminate access for participants or users who are found repeatedly to provide or post protected third-party content without necessary rights and permissions.
DMCA TAKE DOWN NOTICES
If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to Grektek’s designated copyright agent at:
Copyright Support GrekTek LLC [email protected]
APPLICATION END USER LICENSE AGREEMENT (EULA)
SCOPE OF LICENSE
Subject to your compliance and the terms of this EULA, Grektek grants to you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use everbeat Services solely for your personal and non-commercial purposes, at our discretion. You, as an end user of everbeat Services, may use everbeat Services on a device owned by you and solely within the United States of America. This EULA is revocable at will, by either party, without notice and with or without cause. Your use of everbeat Services is strictly limited as provided in this EULA. No other use of everbeat Services is permitted. Grektek reserves all ownership and intellectual property rights in all of everbeat Services. Everbeat Services and any updates, upgrades or derivative works to everbeat Services are, and will remain the copyrighted work of Grektek. everbeat Services is licensed to you; not sold. This EULA gives you some limited rights to use everbeat Services, and Grektek reserves all other rights.
BY CLICKING ON THE “ACCEPT” BUTTON, YOU EXPRESSLY CONSENT TO THE FOREGOING COLLECTION, STORAGE, PROCESSING, MAINTENANCE, UPLOADING, SYNCING, TRANSMITTING, SHARING, OR DISCLOSURE OF USER DATA. By continuing to use everbeat Services, you indicate your continued consent to such collection, storage, processing, maintenance, uploading, syncing, transmitting, sharing, or disclosure of user data as well as any collection, storage, transmission and use of data of the type and in the manner described in this document if any, located within everbeat Services.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
We may also use your email address to send you other messages, including information about Grektek and special offers. You may opt out of such email by sending an email to [email protected]. Opting out may prevent you from receiving messages regarding Grektek or special offers.
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, Grektek EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Grektek MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES AND LIABILITY; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GREKTEK, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR HEALTH INFORMATION; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH Grektek OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Grektek HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with any entity directly or indirectly related to these Services, you release us (and our officers, directors, agents, subsidiaries, joint ventures, business associates and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You may not use or otherwise export or re-export everbeat Content or Services except as authorized by United States law and the laws of the jurisdiction in which Everbeat Content Services were obtained. In particular, but without limitation, everbeat Services may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using everbeat Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Grektek to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with Grektek must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the everbeat Services or these Terms:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.