patientMpower Ltd., an Irish limited company with head offices in Dublin, Ireland (“we”, “us”, “our”), provides you with mobile device applications (“Apps”) and related websites under these terms of use. The apps and related websites are collectively referred to as the “Platform”. By accessing or using our platforms you confirm that you have read, understood and agreed to be legally bound by this agreement. If you do not agree to be bound by and comply with all the terms of this agreement then you may not use our platforms. We may change or update these Terms of Use at any time in the future. If we make any changes that affect your rights or information we need from you, then we’ll let you know. If you do not agree to a change, you may close your account. If you continue to use our services, we will assume that you’re happy with any new terms.
Intended users of our apps
Our platform is intended for adults over the age of 18, and to paediatric users over the age of 5 where their parent/legal guardian may give consent on the child’s behalf.
You may not use our apps or content for commercial purposes. In addition, you may not provide access to our apps or content for the benefit of third-parties. Our apps are intended for personal use only and your use is subject to the terms set out in this document. In using our apps, you agree that all information entered into the apps is truthful and accurate, that you are responsible for maintaining the accuracy of the information entered, your use of our apps does comply with and does not break any law, regulation, or guideline and that you consent to receiving messages or marketing material from us.
Our apps do not provide medical advice
The patientMpower platform is intended solely as a tool to assist you in managing, organising, and understanding healthcare related information. You hereby acknowledge and agree that patientMpower does not provide any form of medical advice in our Platforms. Medical advice in this context refers to medical care, medical opinion, diagnosis, or treatment. The platform is not intended to replace any consultation you may have with a healthcare provider. You should never delay seeking treatment or disregard any medical advice you received because of something you read on our platform. You should not rely on our apps for the timely administration of medications or the decision to treat medical conditions.
Description and use of our apps
We offer a variety of services to empower users to manage their health condition and improve their health outcomes. Examples of these services may include the ability for users to get reminders to take medication or the ability to sync activity data from a connected health device. As long as you follow the terms set out in this agreement, you may download and install our apps on your devices and access the services we provide, as long as it is for personal use only.
The following are terms which you must abide by in order to use our apps and services:
- You may not copy, modify, or distribute our apps for any purpose.
- You may not sublicense, lease, transfer, lend, rent, or otherwise distribute our apps to any third-party.
- You may not compile, reverse-engineer, disassemble, or create derivative works of our apps or services.
- You may not make the functionality of our apps available to others through any means.
- You may not use our apps or services for any unlawful or illegal purpose, or in any manner inconsistent with these terms.
- You may not access or use our apps to collect market research for a competing business.
- You may not take actions that impose an unreasonable large load (to be determined by us) on our technical infrastructure.
- You may not impersonate any person or entity or falsely state your identity in order to gain access to our apps.
License to use our apps
We hereby grant you a limited, non-exclusive, non-transferable access and use of our apps, subject to the terms of this agreement. This license is only for your personal and non-commercial use, and only for the term of this agreement. You are granted permission to download one copy of our app for personal, non-commercial use on each mobile device/tablet that you control or own.
Our apps are currently provided to you for free, however, we reserve the right to begin charging fees (whether for the app as a whole or for certain features/functionality) at any time in the future, in which case prior notice will be given to you.
Disclaimers
Your use of any aspect of our apps is at your own risk. You must consult with healthcare providers and make your medical decisions based on their advice. We cannot and do not accept any liability in respect of any activities that you may undertake through using the apps.
If you use and/or access the apps on or from an Android device which you or someone else rooted or on or from an iOS device which you or someone else jail broke, patientMpower shall not be responsible for the security of your data, including your Personal Information, and you shall bear all responsibility for any breach, illegal access, loss and/or corruption of such data.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN RESPECT OF THE APPLICATION. INFORMATION REGARDING MEDICATIONS, HEALTH, MEDICAL ADVICE AND OTHERWISE MAY BE PROVIDED BY THIRD PARTIES, INCLUDING OTHER USERS OF THE APPLICATION. WE CANNOT ACCEPT ANY LIABILITY WHATSOEVER IN RESPECT OF ANY CONTENT WHICH IS PROVIDED BY THIRD PARTIES AND/OR ANY OTHER USERS OF THE APPLICATION. ANY ACTIONS YOU TAKE BASED ON CONTENT, NOTIFICATIONS AND OTHERWISE PROVIDED BY THE APPLICATION ARE TAKEN AT YOUR SOLE RISK AND WE WILL NOT ACCEPT ANY LIABILITY IN RESPECT THEREOF. YOU SHOULD ALWAYS CHECK ANY INFORMATION PROVIDED THROUGH THE APPLICATION TO ENSURE ITS ACCURACY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPLICATION OR ANY INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED OR REFERENCED THEREIN. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK. WE DISCLAIM ANY IMPLIED OR STATUTORY WARRANTIES (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE APPLICATION; OR (II) THAT THE APPLICATION WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE APPLICATION. WE DO NOT WARRANT THAT ANY DESCRIPTION PROVIDED THROUGH THE APPLICATION REGARDING MEDICATIONS OR OTHERWISE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, SAFE OR ERROR-FREE. NO COMMUNICATION, INFORMATION OR ADVICE GIVEN BY US OR ANY REPRESENTATIVE OF OURS, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY. IF YOU CHOOSE TO RELY ON SUCH INFORMATION, YOU DO SO SOLELY AT YOUR OWN RISK. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
HEALTH INFORMATION MUST BE INTEGRATED BY HEALTHCARE PROVIDERS INTO THE GENERAL CLINICAL RECORD FOR INDIVIDUALS UNDER THEIR SUPERVISION AND CORRELATED WITH OTHER CLINICAL DATA AS REQUIRED BY PROFESSIONAL STANDARDS IN CUSTOMER’S DISCIPLINE. USE OF DATA ACCESSED BY MEANS OF THE APPLICATION, AS WELL AS TREATMENT DECISIONS BASED ON SUCH INFORMATION ARE THE SOLE RESPONSIBILITY OF THE HEALTHCARE PROVIDER AND PATIENTMPOWER ASSUMES NO LIABILITY IN RESPECT THEREOF.
Limitations and liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL WE, OUR AFFILIATES, OR ANY OF OUR OR THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE APPLICATION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER OR DEVICE FAILURE OR MALFUNCTION, EVEN IF A REPRESENTATIVE OF OURS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED EURO. In addition to the foregoing, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission or communications line failure. We are not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail due to technical problems or traffic congestion on the Internet or on the Site, including any injury or damage to users or to any person’s mobile device or computer related to or resulting from participation or use of the Application. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Any claims arising in connection with your use of the Application must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under this Agreement are exclusive and are limited to those expressly provided for in this Agreement, even if the applicable remedy under this Agreement fails of its essential purpose.
Use of personal information
In using our apps your personal information may be transferred to us. Our Privacy Policy explains in detail how we collect, transfer, store, and use your personal information. You can access our Privacy Policy in our apps at all times, on our websites, and here.
Third-party content
The Platform/Service may allow you access to third-party content, such as educational videos, news articles, and other content. patientMpower disclaims any liability with respect to this third-party content. By using the Platform/Service, you agree that all third-party content is for educational purposes only and that this content may not be relevant to you. You should contact your healthcare provider before making any decisions regarding your health.
Links to third-party sites
The Platform/Service may include links to third-party websites that are not operated by us. These links are provided to you for convenience purposes and we do not endorse or assume responsibility for content or links displayed on these third-party sites. If you decide to access any third-party sites from our Platform/Service, you do so at your own risk.
Indemnity
You agree to indemnify and hold us (including but not limited to our officers, directors, employees, agents, subcontractors, licensors, suppliers, affiliated companies, successors, and licensees) harmless from and against any and all claims, damages, liabilities, and expenses (including legal and accounting fees) arising from the following: your breach of this agreement, your misuse of our apps, your violation of any third-party rights, and/or any claims brought against patientMpower by anyone as a result of your actions.
Termination of this agreement
We reserve the right (at our sole discretion) to restrict, suspend, or terminate this agreement and your access to our apps, at any time and for any reason without prior notice or liability. We also reserve the right to change, suspend, or discontinue all or any part of our apps at any time and for any reason without prior notice or liability.
You also have a legal right to terminate this agreement at any time, provided that you discontinue any further use of our apps. You also have a legal right under the EU’s General Data Protection Regulation (GDPR) to request that your app account and all associated data be deleted.
Infringement of Digital Millennium Copyright Act 1998
We will respond to copyright owners who believe that materials appearing on our apps or websites infringes upon their rights under the Digital Millennium Copyright Act of 1998 (“DMCA”). We will review all claims of copyright infringement and remove content or any user submissions that were posted in violation of the DMCA. Please be aware that there can be substantial penalties for false claims. If you believe that something appearing on our apps or website infringes upon your copyright under the DMCA, you can contact us at
patientMpower Ltd.
21 Denzille Lane,
Dublin 2, D02 EY19
Ireland
or email us at info@patientmpower.com requesting that it be removed, or blocked.
Choice of law and forum
This Agreement shall be governed in all aspects by the laws of the Republic of Ireland, without regard to its choice of law or conflict of laws provisions. The parties hereby consent and agree that any claims or actions by you, directly or indirectly, relating to this agreement or related to our apps, will be under the exclusive jurisdiction of the courts located in Dublin, Ireland. You waive any jurisdictional, venue, or inconvenient forum objections to any of these courts that may have jurisdiction.
Copyright 2018 patientMpower Ltd. 21 Denzille Lane, Dublin 2, D02 EY19, Ireland
Accessibility statement
patientMpower Ltd. is committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for everyone, and applying the relevant accessibility standards.
patientMpower mobile apps follow Android design and quality guidelines for our Android apps, and the Apple App Store guidelines for our iOS apps. The Web Content Accessibility Guidelines (WCAG) defines requirements for designers and developers to improve accessibility for people with disabilities. It defines three levels of conformance: Level A, Level AA, and Level AAA. patientMpower Ltd. is partially conformant with WCAG 2.1 level AA. Partially conformant means that some parts of the content do not fully conform to the accessibility standard.
We are dedicated to improving the accessibility of our apps, and we welcome your feedback. Please let us know if you encounter accessibility barriers while using our apps:
Ireland
Phone: +353 1 903 8558
E-mail: info@patientmpower.com
Postal address: patientMpower Ltd. 21 Denzille Lane, Dublin 2, D02 EY19, Ireland
USA
Phone: 312-667-5589
E-mail: info@patientmpower.com
Postal address: MATTER, 222 Merchandise Mart Plaza, Suite 1230, Chicago, IL 60654
UK
Phone: +44 20 3322 4121
E-mail: info@patientmpower.com
Postal address: The Stable Yard, Vicarage Road, Stony Stratford, MK11 1BN