Your doctor has ordered the Remote Patient Monitoring Service (“Services”) to better inform your medical care, which consists of certain devices, such as a tablet or (the “Devices”), the data we collect through these Devices, along with our website and our App. The cost of the Services are determined by your insurance coverage; for example a co-pay may be required.
We may change or replace any portion of the Terms at any time and for any reason at our discretion, effective immediately upon posting on our websites, App or through the Devices. You are responsible for checking these updated Terms periodically for changes. By continuing to use or access the Services after any changes come into effect, you agree to be bound by the updated Agreements. If you disagree with any changes, you should stop using the Services.
We may, in our sole discretion, refuse to offer the Services to you.
How It Works
The Devices the sounds around them and translates those sounds into data about your breathing. Along with readings from the pulse oximeter, that data is automatically transmitted to CurieAI; we then process that data and send it to your doctor. You understand and acknowledge that the Devices a ;
The Devices are provided to you free of charge; however they remain the property of CurieAI, and CurieAI reserves the right to have you return the Devices once you cease using the Services. You are responsible for any loss of or damage to the Devices (ordinary wear and tear excluded).
CurieAI provides you with a cellular connection so that the Devices can transmit information back to CurieAI without any further resources from you; except that you are responsible for keeping the devices powered.
With the exception of the Devices, . There are always security and access availability risks associated with the internet or cellular connections, and you expressly assume such risks. You are responsible for the data security of the systems used to access the Services and for the transmission and receipt of information using such systems. We are not responsible for any errors or problems that arise from the malfunction or failure of the internet or your system, or the third-party cellular connection relied on transmit data from the Devices.
You may only use the Devices in conjunction with the Services. The Devices are provided solely for your use. Do not share them or allow others to use them.
We reserve the right to change, replace, limit, suspend, or discontinue any part of the Services at any time at our sole discretion.
You may, at your option, download the CurieAI app (“App”), which will allow you to view certain information about the Services and contact the CurieAI team. It is not necessary to download the App in order to use the Services.
By registering for an account, you represent and warrant:
(A) Your registration information is true, accurate, current, and complete.
(B) You are at least 18 years of age.
(C) You will update your registration information to make sure it is accurate.
It is your responsibility to maintain the security of your account, including choosing and maintaining a secure password.
Not Medical Advice
The Devices (with the exception of the pulse oximeter) have not been cleared by the FDA as medical devices, nor does CurieAI offer medical advice.
The fact that your doctor has ordered the Services for you does not mean that CurieAI endorses or recommends your doctor, nor control the medical advice your doctor gives you.
ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTH PROVIDERS BEFORE DECIDING TO START, ALTER, OR DISCONTINUE ANY COURSE OF MEDICAL TREATMENT OR FOR ANY QUESTIONS REGARDING YOUR MEDICAL CONDITION, YOUR DIET, OR THE USE (OR FREQUENCY) OF ANY MEDICATION OR MEDICAL DEVICE. DO NOT USE THE SERVICES AS A SUBSTITUTE FOR CONSULTING WITH YOUR DOCTOR OR OTHER HEALTH CARE PROVIDER, AND DO NOT DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF ANY INFORMATION RECEIVED IN CONNECTION WITH OUR SERVICES.
WE DO NOT PROVIDE ANY MEDICAL ADVICE OR MEDICAL TREATMENT. ANY INFORMATION PROVIDED BY OUR PERSONNEL IS FOR INFORMATIONAL PURPOSES ONLY, AND SHOULD NOT BE USED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION.
NO EMERGENCY USE
THE SERVICES ARE FOR NON-EMERGENCY PURPOSES ONLY. SERVICES DO NOT REPLACE 911, YOUR PERSONAL HEALTH CARE PROVIDERS OR OTHER EMERGENCY ASSISTANCE. DO NOT RELY ON THE SERVICES IN ANY WAY FOR EMERGENCY ASSISTANCE. IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, OR IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST OPEN EMERGENCY ROOM.
The Services and all materials on the Services are owned or licensed by CurieAI. We grant to you, for your personal purposes only, a non-exclusive, limited, and revocable right to access and use the Service during the term of this Agreement, so long as you comply with these Terms.
You own your personal information and any other Content (defined below) that you post on or through the Services. For CurieAI to provide you with the Services, you grant to CurieAI, a perpetual, non-exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to use your Content to use the Services. You also agree to allow CurieAI to de-identify and anonymize your Content, including, without limitation, your personal health information, and to use or disclose such de-identified information.
You must only use the Services in accordance with all applicable federal, state and local laws. While using the Services, you shall not:
- Post or transmit any message, information, data, text, software or images, or other materials (collectively, “Content”) that violates the trademark, copyright, privacy, confidentiality, publicity, intellectual property, or any other proprietary rights of any person or entity.
- Post or transmit Content that is false, misleading, defamatory, obscene, indecent, threatening, harassing, harmful, tortuous or otherwise objectionable or that could constitute an incitement to unlawful conduct.
You agree not to: (i) access the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (1) a message under a false name, or (2) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (A) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (B) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the website, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Services; (v) use robots or scripts with the Services; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Services; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to CurieAI; (ix) alter the attribution or origin of electronic mail, messages, or posting; (x) harvest or collect personal health information about any other individual who uses the Services; and (xi) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including but not limited to, such rights of third parties.
The Services may provide content and material from, and links and references to, web sites of third parties and other third-party resources not controlled by CurieAI. We may also rely on such Third-Party Content for services to be rendered to you or us (collectively, “Third Party Content”). Third Party Content specifically includes, but is not limited to, all information and postings by users of the Services. You acknowledge and agree that CurieAI neither endorses nor is responsible or liable for the availability, accuracy, currency or reliability of any Third-Party Content. Any concerns regarding such Third-Party Content should be directed to the third party. Under no circumstances will we be liable for any loss or damage caused by any use or reliance on Third Party Content or any purchase or use of goods or services from any third party referenced on the Services. Nothing on the Services shall be deemed to be a recommendation of any third party, Third Party Content or third-party products or services, or to constitute any representation or warranty as to a third party’s qualifications, services, products, offerings, information or any other content. CurieAI does not provide, sell, license, or lease any of the Third-Party Content other than those specifically identified as being provided by CurieAI subject to the Terms.
THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. CURIEAI ALSO EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CURIEAI MAKES NO WARRANTY THAT THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. CURIEAI MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SERVICES OR MATERIALS PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.
Limitation of Liability
NEITHER CURIEAI, NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR MATERIALS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES, OR MATERIALS, OR FROM ANY COMMUNICATIONS WITH OTHER PERSONS (INCLUDING YOUR PROVIDER OR THE RESEARCH STUDY, AS APPLICABLE) WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CURIEAI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IF YOU ARE NOT SATISFIED WITH THE SERVICES YOU SHOULD DISCONTINUE USING THEM – THIS IS YOUR ONLY REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, CURIEAI’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00 OR THE AMOUNT OF YOUR CO-PAY. YOU MUST BRING ANY CLAIM ARISING FROM THE USAGE OF THE SERVICES OR MATERIALS WITHIN ONE (1) YEAR OF THE EVENT FROM WHICH THE CLAIM AROSE.
You agree to indemnify and hold harmless CurieAI, its clients and its suppliers and their respective afﬁliates, employees, ofﬁcers, directors, agents, servants and representatives of each from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys’ fees and expenses) arising out of or in any way connected with your access to or use of the Services or CurieAI’s materials, Your violation of these Terms, or any negligent or wrongful conduct by You or related to Your account by you or any other person accessing the Services or CurieAI materials through Your account.
These Terms shall be governed by the laws of the State of California, without regard to any conflicts of laws principles. The courts of the Santa Clara, California shall have jurisdiction over any action arising under these terms or your use of the Services or materials.
No waiver of rights by either party shall constitute a subsequent waiver of any right under this Agreement and all waivers must be in writing. In the event that any term is held by a court to be unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that the remainder of these Terms shall otherwise remain in full force and effect and enforceable. You may not assign these Terms without the prior written consent of CurieAI at its sole discretion. This is the complete agreement between the parties hereto concerning the subject matter of this agreement and replaces any prior oral or written communications between the parties with respect thereto.
We welcome and encourage you to provide us with feedback, comments and suggestions for improvements to the Services or materials (“Feedback”). You may submit Feedback by contacting us, such as email, a call or a message within the App. If you submit any Feedback to us, CurieAI will own all intellectual property rights in such Feedback and may use such Feedback for any lawful purpose.
If you or CurieAI has any dispute regarding these Terms, including but not limited to any alleged breach of these Terms, the parties will submit the dispute to binding arbitration in California before a single arbitrator, in accordance with the rules and procedures of the American Arbitration Association. The arbitrator may, but does not have to, award legal fees, arbitrator’s fees and costs and other costs incurred by the party that does not win the dispute. Any arbitration will be strictly confidential and neither party will disclose to any person (other than necessary to carry out the arbitration) the existence of the dispute or any aspect of the dispute.
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