We appreciate your choice to use our mobile device application (“App”). To ensure the optimal use of our services, we have created the terms you will find herein to ensure that the Patient(defined herein) and the Facility (defined herein) protect the transfer of the valuable data our App aims to facilitate. As you will see below, you have the right to decline our terms but, though we respect your decision, you will not be able to use our services if that is the case. If these terms are agreeable, please confirm your consent by checking the box below. Thank you again for your choice to use Arthur App!
The terms of this End User License Agreement (the “EULA”) comprise a contract between you, whether you are the Patient, an Authorized Person, or a Facility User (“you”), and Arthur App, LLC, a Florida limited liability company (“Arthur App”, “us”, “we”, “our”). These terms govern the relationship between you and Arthur App, as well as your use of our software and services. By using our software, you accept the terms contained herein and agree to abide by the described rules and restrictions. Furthermore, by using our software, you also accept the terms of our Privacy Policy, which is incorporated by reference herein, and which can be found here for your review. All of our policies, including this EULA and our Privacy Policy are available on our website, www.arthurapp.com (the “Website”).
Should any conflicts exist between this EULA, the Privacy Policy contained herein, the Website, and, if applicable, the Arthur App Order Form, including the exhibits attached thereto, entered into between your Facility and Arthur App (the “Order Form”), the Website shall prevail.
IFYOU DO NOT ACCEPT THE TERMS OF THIS EULA OR OUR PRIVACY POLICY, DO NOT USE THIS SOFTWARE. INSUCH AN EVENT, YOU MUST IMMEDIATELY DELETE THE APP AND DISCONTINUE ALL FURTHER ACCESS AND USE.
1. Download and Registration
1.1 For Patients and Authorized Persons.
As a medical patient receiving care from the Facility (“Patient”), or as the parent, legal representative, authorized healthcare surrogate, attorney-in-fact, guardian, or other legal caretaker of the Patient (each, an “Authorized Person”), you may access the App through your assigned clinical staff member who will be able to login on a hospital owned iPad, register and enable access to the App.
Patient’s and Authorized Person’s use of the App are strictly subject to the following conditions and representations; your failure to abide by these conditions will constitute a material breach of this EULA:
a) You may only utilize Arthur App if you: i) are a “natural person” (corporate entities may not register with Arthur App), and ii) are over the age of 18.
b) You hereby express your wish to utilize the services offered by Arthur App in connection with the Patient’s medical care rendered at the hospital, medical center, healthcare system, or similar institution (each, a “Facility”) and that you have all requisite permission and legal authority to enter into this EULA on your own behalf.
As a material inducement for Arthur App to grant a license to you for the use of its software, you agree to release, indemnify, and hold Arthur App, the Facility, the Facility Users, and their respective medical staff, agents, officers, directors, and employees harmless from any and all claims related thereto, including but not limited to any action or inaction taken related to the App or any information sent or received through the App. You understand that the information released pursuant to these terms may constitute individually identifiable health information as defined by the Health Insurance Portability and AccountabilityAct of 1996 (“HIPAA”) and other laws and regulations. FURTHER, YOU ACKNOWLEDGE THAT INFORMATION THAT HAS BEEN DISCLOSED VIA THE APP MAY BE SUBJECT TO RE-DISCLOSURE AND MAY NO LONGER PROTECTED. For the avoidance of doubt, you agree to indemnify and hold ArthurApp, the Facility, the Facility Users, and their respective medical staff, agents, officers, directors, and employees harmless from any and all claims relating to the release of any information during the use of the App which is protected by HIPAA or any other state or federal law.
1.2 For FacilityUsers.
As an employee or contractor of the Facility that is assigned to provide care to the Patient(“Facility User”), you may use the App by simply downloading and installing it on the device your Facility has selected to be used. Use of Arthur App by Facility Users will be subject to the following conditions:
You may only establish an Arthur App account if you: i) are a “natural person” (corporate entities may not register with Arthur App); ii) who is over the age of 18; iii)have been authorized by your Facility to use the App; iv) have attended all required Arthur App training sessions and reviewed all documentation provided by Arthur App to ensure proper use of the App; and v) agree to use the App in accordance with the terms and conditions set forth herein.
1.3. General.
Your agreement to this EULA and our Privacy Policy is mandatory.By indicating your agreement to the terms and conditions herein, manifested by the act of affixing the box after the assigned Arthur App training module, you agree to be bound by all termshereof as well as any affirmance, assent, or agreement you transmit to ArthurApp using the App or any other media, including but not limited to any consentyou give to receive communications from Arthur App solely through electronictransmission. You agree that, as here, when in the future you click on an “Iagree,” “I consent” or other similarly worded “button” or entry field in theApp, your agreement or consent will be legally binding and enforceable and thelegaequivalent of your handwritten signature.
2. Grant ofLicense
This software is licensed to you and/or your Facility for your use. The software is not sold. Upon acceptance of this EULA and the PrivacyPolicy, Arthur App grants you a single, non-exclusive, non-transferable and limited personal license to access and use the App. This license is conditioned on your continued compliance with the terms and conditions in thisEULA and our Privacy Policy. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the App and, if you sell or otherwise transfer a device on which the App is installed to a third party, you must remove the App from such device before doing so. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof(except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the App).
3. Use of LicensedServices
3.1 For FacilityUsers.
As a Facility User, you shall abide by all of the Facility’s policies and procedures concerning the use of the App. Such policies and procedures may include, without limitation, ensuring that each Patient has authorized you, via a consent form or similar instrument furnished by the Facility, to initiate, or respond to, written messages and audio messages concerning the Patient (“Arthur App Communications”). If a Patient revokes consent, you agree to immediately cease use of the App.
3.2 HIPAA/PHI &Patient Confidentiality Agreement (“Confidentiality Agreement”).
By accepting the terms of this EULA, you represent your understanding that the data contained in Arthur App Communications could qualify as protected health information (“PHI”). The release of the Patient’s PHI is governed by HIPAA. In exchange for Arthur App’s agreement to allow you to transmit this information, you agree to keep all information sent or received by you asa result of your use of the App, including but not limited to, text, audio, video, and photos (collectively, the “Confidential Information”) strictly confidential and that you shall not disclose this information to any person, for any purpose, provided however, that you shall be permitted to disclose Confidential Information if required by law.
If you are a FacilityUser, you shall abide by all of the Facility’s policies and procedures concerning PHI and Patient confidentiality at all times while using theApp.
You further agree that, without waiver of Arthur App’s other rights, in the event of any violation or breach, or threatened violation or breach of this provision, ArthurApp shall be entitled, without the necessity of posting bond, to injunctive relief from any court of competent jurisdiction with authority to grant such relief.
3.2(a) Screenshots, Screenshot Edits & Screen Recordings Not Permissible.
Without waiver of the general scope of the Confidentiality Agreement, you specifically agree that you shall not replicate, share, duplicate, edit, or cause to be replicated, shared, or duplicated, or edited, any Confidential Information or Arthur App Communication, including but not limited to, creation of screenshots, screenshot edits or screen recordings, of any Arthur App Communication, or posting of any Confidential Information or Arthur App Communication on any internet or social media platform, including but not limited to, Facebook, Instagram, Twitter, and Reddit.
3.2(b) Incorrectly Transferred Data.
In the event that you receive communications or information that were not intended for you, you agree to immediately cease correspondence and to alert a member of the Facility. Any information received under this Paragraph 3.2(b) shall also be deemed as Confidential Information and you agree to keep such information strictly confidential in conformity with your obligations as described in this Paragraph 3.1.
3.3 Permitted Use of PHI.
You acknowledge, understand, and agree that the PHI may be transmitted between the Patient, or the Authorized Person, on the one hand, and the Facility User, on the other hand, in the course of using the App. If you are a Facility User, you further acknowledge, understand, and agree that your use and disclosure of PHI shall be limited to the permitted circumstances set in the Facility’s policies and procedures and applicable law, including without limitation, 45 C.F.R. § 164.502(a)(1).
3.4 The following additional use requirements apply to your use of the App:
3.5 Data Retention.
Arthur App Communications, and other data uploaded to, or transmitted through, the App is stored within Arthur App’s third-party cloud computing platform. Arthur App will cause such information to be retained within the third-party cloud computing platform for the duration of the Patient’s stay at the Facility. Following the Patient’s stay at the Facility, Arthur App will cause such information to be deleted from the third-party cloud computing platform in accordance with its practices and procedures.
4. Ownership and Intellectual Property Rights
4.1. Transmissions.
Any communications or material of any kind that you email, post, or otherwise transmit to Arthur App using the App or any other media, including, without limitation, data, questions, responses to surveys or questionnaires, comments, or suggestions, but excluding Arthur App Communications, (“Transmission(s)”) will become the sole property of Arthur App. You hereby grant an exclusive and perpetual license to Arthur App to use any ideas, concepts, know-how, or techniques contained in your Transmissions for any purpose including, but not limited to, developing and marketing products using such information. Arthur App will be entitled to the unrestricted use and dissemination of such Transmissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby waive any rights you may have to the Transmissions (including, without limitation, copyrights or moral rights). Please do not share your ideas with Arthur App if you expect to be paid or want to continue to own or claim rights in them.
4.2. Surveys.
From time to time, you may have the opportunity to partake in a survey regarding your experience with the App. You hereby acknowledge that all responses to such surveys shall be owned by, and shall be the sole property of, Arthur App and shall be deemed to be a Transmission.
4.3. Improvements and Suggestions.
All right, title and interest in and to, and the right to pursue protection for, suggestions, improvements, enhancements and modifications to the App, or the individual or collective use or applicability, that are suggested or made by you (“Improvements”)shall vest solely with Arthur App, and by using the App you hereby assign to ArthurApp any and all rights and interests you may have therein, and agree to promptly provide upon the request of Arthur App reasonable documentation executed by you reflecting such assignment. No license is granted to you (or to the Facility) to, or under, any Improvements or other intellectual property or moral right owned or otherwise assertible by Arthur App, whether by express or implied grant, estoppel or otherwise. All benefits from the use of any suchImprovements shall inure solely to Arthur App.
5. Carrier Charges
You acknowledge thatWi-Fi Internet connectivity or data coverage may be required for the App to function properly, for which data rates may apply. Arthur App is not responsible for providing such Wi-Fi connectivity or data coverage, and you hereby agree to hold Arthur App completely harmless for any interruption in, and/or for your inability to obtain, Wi-Fi Internet connectivity or data coverage.
6. Security of Data Transmissions
The security of personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.
Arthur App and theFacility (and their affiliates, and agents) are permitted, but not obligated, to review or retain Arthur App Communications. Arthur App may monitor theArthur App Communications to evaluate the quality of service you receive, your compliance with this EULA and the Privacy Policy, the security of the App, or for other reasons, such as, by way of example only, improving or modifying the App and its features. You agree that such monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which ArthurApp or its affiliates or agents monitor Arthur App Communications or enforce or fail to enforce this EULA. In no event will Arthur App or any of its affiliates or agents be liable for any costs, damages, expenses, or any other liabilities incurred by you as a result of monitoring activities by Arthur App or its affiliates or agents.
6.1. Hyperlink Disclaimer.
The App may contain links to other sites. Arthur App does not control such other sites, and Arthur App and its affiliates and agents make no representations whatsoever concerning the content, accuracy, security or privacy of those sites. The fact that Arthur App has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are risks in using any information, software, or products found on the internet, and Arthur App cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the internet. You agree that under no circumstances will you hold Arthur App or its affiliates or agents liable for any loss or damage caused by the use of or reliance on any content, goods, or services available on other sites.
7. Trademark and Copyrights
The App is owned by Arthur App or its affiliates or agents and is protected by United States copyright laws and international treaty provisions. All content, trademarks, services marks, trade names, logos, and icons are proprietary to Arthur App or its affiliates or agents. Nothing contained herein or in the App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed in the App without the written permission of Arthur App or such third party that may own the trademarks displayed in the App. Your use of the trademarks displayed in the App, or any other content in the App, except as provided herein, is strictly prohibited.
Images displayed through the App are either the property of, or used with permission by, ArthurApp or its affiliates or agents. You are prohibited from using or authorizing the use of these images unless specifically permitted under this EULA. Any unauthorized use of the images may violate copyright laws, HIPAA and similar health information protection laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.
7. Limitation and Disclaimers of Liability, Damages, Warranties
7.1 Disclaimer of Warranties.
YOUR USE OF THE APPIS ENTIRELY AT YOUR SOLE RISK. THE APP IS PROVIDED BY ARTHUR APP ON AN“AS IS” BASIS. Arthur App EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE ANDNON-INFRINGEMENT. ARTHUR APP MAKES NO WARRANTY THAT (i) THE APP WILL MEET YOUR REQUIREMENTS, (ii) THAT OPERATION OF THE APP WILL BE UNINTERRUPTED,TIMELY, 100% SECURE, OR ERROR-FREE, OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ARTHUR APP, OR THROUGH THE APP SHALL CREATE ANY WARRANTY REGARDING THE APP NOT EXPRESSLY STATED IN THIS AGREEMENT.
7.2. Limitation ofLiability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ARTHUR APP SHALL NOT BE LIABLE FOR ANY DIREC,INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS,NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS, DAMAGES OF ANY KIND RESULTING FROMYOUR USE OF THE APP IN VIOLATION OF THE TERMS CONTAINED IN THIS EULA,REGARDLESS OF WHETHER ARTHUR APP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES, OR DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE APP ORANY OTHER MATTER RELATING TO THE APP. WITHOUT WAIVER OF THE FOREGOING, EXCEPT FOR ARTHURAPP’S BREACH OF ARTHUR APP’S PRIVACY OBLIGATIONS UNDER THE PRIVACY POLICY,ARTHUR APP’S TOTAL LIABILITY FOR DAMAGES IN THE EVENT IT IS FOUND TO HAVE BEENLIABLE FOR SUCH SHALL BE FIFTY DOLLARS ($50.00).
7.3. Indemnification.
You agree to indemnify and hold Arthur App and its affiliates, agents, employees, and licensors harmless from any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person arising out of your violation of this EULA, state or federal securities laws or regulations, or any other person’s rights, including but not limited to infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances, including but not limited to a negligent act, will Arthur App or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, the App.
8. Default
Your performance of each term and condition contained in this EULA shall be material. Likewise, all representations made by you herein, which shall be deemed made by your acceptance of this EULA, shall be deemed a material inducement for Arthur App’s agreement to perform the services described herein. In the event: i) you fail to perform any obligation herein; or ii) any representation made by you is, or becomes, untrue, you shall be in default of this EULA. Without limitation of Arthur App’s rights in the event of a default by you, you acknowledge and agree that, in such event: a) your license to use the App shall be deemed revoked; b) you shall immediately discontinue use of the App; and c) you shall take all actions necessary or desirable to Arthur App, in its sole discretion, to effectuate the mitigation of any damages incurred by Arthur App or any other party, as a result of your default.
9. Choice of Law and Venue
The EULA, and all future amendments, shall be governed by the law of the State of Florida, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with Arthur App or any of its affiliates or agents in the State of Florida or elsewhere. You agree to submit to the personal and exclusive jurisdiction of the State or Federal courts located within the County of Orange, State of Florida. If any part of this EULA is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
10. Changes and Amendments
Occasionally Arthur App may, at its discretion, make changes to the App, this EULA, and the Privacy Policy. When Arthur App makes changes to the EULA or the Privacy Policy which it considers material, Arthur App will notify you through the App, by email, or otherwise. By continuing to use the App after those changes are made, you are expressing and acknowledging your acceptance of the changes.
11. Complete Contract
This Agreement constitutes the entire agreement between you and Arthur App regarding the App, and governs your use of the App, superseding any prior agreements between you and Arthur App regarding the App. The failure of Arthur App to enforce any provision in this EULA shall not constitute a waiver of such provision or any other provision. The headings in this EULA are for convenience only and shall not be deemed to affect in any way the language of the provisions to which they refer. Where the context so admits, words and expressions appearing in the singular in this EULA may be interpreted in the plural, and vice versa.
12. Contact Information
Arthur App, LLC
Phone: +1 (407) 243-8182
Email: info@arthurapp.com
