SYNC.MD END USER LICENSE AGREEMENT (“EULA”)
Thank you for downloading the Sync.MD Mobile Application! The Sync.MD App is a technology system designed to provide a secure and simple method for consumers to share medical documents and information. You can share with your doctors, families, and any other organizations or individuals you choose in a convenient and accessible way.
This End User License Agreement (“EULA”) is a legal agreement between you (“End-User”, You”, “Your”, “Yourself”) and VYRTY Corporation DBA Sync.MD (“Sync.MD”, “Licensor”, “Us”, “We”, “Ours”) for the use of the Sync.MD Personal Health Records Mobile Application, our related Software and Services, and any future updates or enhancements (collectively referred to as “Sync.MD”, “App”, “Sync.MD PHR”, “Sync.MD PHR App”, “Sync.MD App”, “Sync.MD Mobile App”, or any other derivatives).
By clicking “I agree” and using Sync.MD, you acknowledge that you have read and understood these Agreements and that you agree to be legally bound by them. You must agree to these Agreements to gain access to Sync.MD.
You expressly agree to us contacting you by phone, text message, electronic mail, or through Sync.MD directly to provide you with the services under these Agreements.
You acknowledge that refusing to consent to these Agreements will not affect any medical treatment, payment, or benefit for which you may be eligible.
This App is not for medical emergencies or medical advice, treatment, or diagnosis. Always seek the advice of healthcare providers directly, with any issues or questions that you may have regarding a medical emergency, treatment, or diagnosis. We do not offer this App by, or on behalf of, a healthcare provider or covered entity (as defined under HIPAA).
1. Grant of License
Sync.MD grants you a limited, personal, non-transferable, non-exclusive, revocable license to install and use the Sync.MD App (and any future fixes, updates, and upgrades). This license gives you access to Sync.MD services to create and manage your own Personal Health Record (“PHR”) according to the Agreements. This license is solely to use the App to collect, store, share, and exchange your medical documents.
Sync.MD is licensing the App, not selling it, to you for your own personal use under the terms of our Agreements. You agree to comply with all terms, conditions, and restrictions in these Agreements. Any use of the App not in compliance with these Agreements invalidates the license. Sync.MD retains all rights not expressly granted to you.
2. License Restrictions
You agree that you will not sublicense, lease, loan, distribute, or provide others access to the App or the content made available through the App to anyone other than as allowed in this license. You also agree not to use or allow the use of the App in any manner other than as permitted in this license.
You agree not to develop, sell, or distribute applications that are capable of launching, being launched from, or otherwise integrated with the App or content accessed through the App without our express written approval. You agree not to remove any copyright, trademark, proprietary rights, disclaimer, or warning notice included on or embedded in any part of the App. You agree not to use the App to collect, store, or share content or information in violation of any copyright or trademark law.
You agree not to modify the App or incorporate the App, in whole or in part, in any other product. You agree not to create any derivative works based on all or part of the App. You agree not to de-compile, disassemble, alter, duplicate, or otherwise reverse engineer any portion of the App.
3. Acceptable Use Restrictions
You agree that you will not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit, or distribute the App or its content without Sync.MD’s written approval. You understand that this restriction includes distribution to any other computer, server, website, or other medium for publication or distribution or for any commercial purpose.
You agree not to use the App in any manner inconsistent with these Agreements. You agree not to use the App in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously. You agree not to infringe intellectual property rights in relation to your use of the App. You agree not to use the App in any way that could interfere with other users or damage, disable, overburden, impair or compromise the systems or security of Sync.MD. You agree not to attempt to decipher any transmissions to or from the servers running the App.
4. Collection and Use of Personal Data
To register with Sync.MD, you must give your name, date of birth, address, email, phone number, and other personal information (“Personal Data”). We will use this data to identify you and your account. You agree that Sync.MD can collect, receive, transmit, and use your Personal Data to provide you with access to the App.
You agree that Sync.MD can collect, receive, transmit, and share your Personal Data and medical documents and information (“Medical Data”) with those organizations or individuals you identify.
When you submit a request for Medical Data, you agree that Sync.MD can contact, or respond to any healthcare organization to help process your request or to make sure the exchange of information is successful.
You agree that Sync.MD can share the minimum amount of Personal Data necessary or required by the healthcare organization to validate your request. You agree that Sync.MD can provide your healthcare organization with this authorization to directly communicate about your Personal Data. This authorizes direct communication in fulfilling your requests, including request status, documentation, and costs.
5. Collection and Use of Medical Data
You agree that Sync.MD can use your Medical Data to give you access to the App and its Services. You agree that Medical Data in the App may be collected, created, received, transmitted, and shared with organizations or individuals that you authorize. You agree that Medical Data collected and stored in the App does not and will not serve as the Designated Record Set (as defined under HIPAA). And it will not serve as the system of record by any healthcare provider or yourself.
Medical Data means information and data related to providing you health care. It includes your health status, medical records and related information or documents, consent to treatment forms, authorization to disclose medical information forms, Medicare forms, Medicaid forms, living wills, Directives to Physicians and Family or Surrogates, Medical Powers of Attorney, Out of Hospital Do Not Resuscitate Orders, Declarations of Mental Health Treatment, images, reports, labs and test results, medical treatments performed on you, and other “protected health information” as defined under HIPAA.
You agree that HIPAA and HITECH rules and regulations do not apply to the Sync.MD App and Sync.MD. This App is offered to you for your own personal benefit. Its use is independent from any healthcare or medical services. Sync.MD and the Sync.MD App are not associated with any healthcare providers or Covered Entities. Sync.MD follows applicable laws, regulations, and standards around the protection and privacy of data. Sync.MD uses encryption technologies and processes to make sure your Medical Data is secure while it is at rest or in motion.
You agree that Sync.MD may collect, create, receive, transmit, maintain, and use your Medical Data to provide you with access to the App and its Services. Sync.MD only collects, creates, receives, transmits, maintains, and otherwise shares Medical Data with organizations or individuals that you authorize.
6. Consent to Usage of Data in De-Identified Form
You agree that Sync.MD may de-identify (remove all information used to identify you) your Personal Data and Medical Data within the App. You agree that Sync.MD may use this de-identified Data in aggregated or non-aggregated forms for internal research studies, evaluation of the App and our services, quality improvement, or for other lawful purposes. Sync.MD will use any de-identified Data in aggregated or non-aggregated forms as allowed by applicable laws and regulations.
You agree that Sync.MD is not required to pay you or any other person for using de-identified Data. You agree that Sync.MD does not have to give you any information regarding its use. You agree that if you have any interest in de-identified Data, you waive any right to such interest and to compensation for such use.
7. No Sharing of Data with Third Parties for Profit
Sync.MD does not sell, rent, or otherwise profit from providing your Data to any third parties. This includes Personal or Medical Data that has been de-identified, whether in aggregated or non-aggregated forms. We will only share your information and data with your specific consent or to provide you with our Services.
Sync.MD is a free app you can download on your smartphone, where you can upload, store, and share your medical records without cost. Patients requesting their records from a private provider, clinic, or hospital using the app will be charged a $6.50 service fee for records collection. Requests to VA facilities do not have a fee. When payment is authorized, a ‘hold’ may be placed on your account for the $6.50 amount. You will only be charged the $6.50 service fee when your request is successfully fulfilled. Any rejected or unfulfilled request will be automatically canceled and refunded after 30 days.
9. No Medical Advice, Treatment, or Diagnosis
Sync.MD and the App do not provide medical advice, treatment, or diagnosis. You understand and agree that the App is a way to transmit your Medical Data to and from healthcare providers. Those healthcare providers are solely responsible for providing medical services. The providers have complete authority, responsibility, supervision, and control over all medical services, advice, instructions, treatment decisions, and other health care services performed.
You understand and agree that Sync.MD and the App do not provide or endorse any medical advice through the App. The use of the App, all text, images, data, and other information available through the App, is solely yours and their responsibility.
Sync.MD makes all reasonable efforts to safeguard the integrity and availability of the App and its content. When using the App, information may be sent that may be beyond the control of Sync.MD. Sync.MD is not responsible for the delay, failure, interruption, or corruption of any data or other information transmitted in the use of the App that is beyond its direct control.
10. Sharing, Access, and Synchronization Settings
The App gives you many ways to allow others access to your Personal Health Record (PHR). This includes scanning of unique QR codes with a phone camera, transmission of remote access links, Unique 8-Character Alphanumeric ID Codes, and other methods.
You agree that when you use any available method in the App for sharing access with other organizations or individuals, you are giving your consent and authorization for Sync.MD to use and disclose your Personal Data and Medical Data.
You are solely responsible for making sure the contact information of recipients you give access to is accurate and valid. Sync.MD is not responsible for the disclosure of Medical Data to recipients based on incorrect, or invalid information you provide.
You further agree the App will default to sharing your full Personal Health Record and establishing permanent synchronization with your recipients. You can modify your individual sharing settings. This allows your recipients to have continued access to your Sync.MD PHR, the ability to upload or download your Medical Data, the ability to see, share, and use your Unique 8-Character Alphanumeric ID Code for record requests, record sharing, or record uploading. It also allows the ability to see new Medical Data added to your Sync.MD PHR by you or others that you give access.
You can use the Sync.MD App to remove these sharing settings. You can customize and give more limited access to recipients. Limited access can include giving access only to specific documents in your PHR, providing access to upload documents only, giving time limited access, and other options.
11. Usage of US Government NPI Database
You may search for contact information of doctors and healthcare organizations directly in the App using the CMS National Provider Identifier (NPI) Registry and Database. Sync.MD does not maintain or validate the information in the NPI Database. It is provided for reference only.
You are responsible for making sure any contact information from the NPI Database and shown in the App is accurate. You assume all risks and liabilities using the information in the NPI Database to send Medical Record Requests or granting access to your Sync.MD PHR. Sync.MD is not responsible for and provides no warranty that the information in the NPI Database is accurate, up-to-date, or dependable.
12. Access to Software by Minors
The Children’s Online Privacy and Protection Act requires certain online service providers get parental consent before they collect personally identifiable information online from children. Sync.MD does not knowingly collect data from children under the age of 13. The App is not directed at users under the age of 13.
13. Governing Law
This Agreement is governed by the laws of the United States of America and the State of South Carolina without regard to its conflict of laws provision. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. In any action or proceeding to enforce or interpret this Agreement, the parties hereby consent to the exclusive jurisdiction and venue in the state courts of South Carolina, or any Federal Court located there.
14. Intellectual Property Rights
You agree that all intellectual property rights in the App belong to Sync.MD. You understand that you have a license to use the App. You agree that you have no rights in or to the App other than the right to use it as set out in the Agreements. You agree that you have no right to access the App in source code form.
15. Export Restrictions
You cannot use, export or re-export this App except as authorized by United States law. You cannot export or re-export the App into any US embargoed countries or to anyone on the US Treasury Departments list of Specially Designated Nationals or the US Department of Commerce Denied Persons’ List or Entity List.
When you use the App, you certify that you are not located in, under control of, or are a national or resident of any such country or on such list. The App includes a cryptographic algorithm, so you further represent and certify that you are not in and will not use the App from any country that the United States restricts the exportation of cryptographic algorithms to, and that you have the legal right to use cryptographic algorithms from the United States.
The App and its Services are to be exclusively used within the United States and by residents of the United States only. You understand and agree that you may not sign up, access, or attempt to access or use the App outside of the United States. Sync.MD may use technologies to verify your compliance.
You agree to follow United States export control laws and not to transfer content or software subject to restrictions under such laws to a national destination or person prohibited under such laws.
Trademarks, service marks, graphics and logos used in or available in the App are the trademarks of their respective owners. Sync.MD and the trademarks related to the App are trademarks of Sync.MD. You do not have any right or license with respect to any of the trademarks mentioned above. You may not use such trademarks.
18. Copyright Infringement and Trademark Rights
Sync.MD requires all App users to follow copyright and trademark laws. You agree that you will not use the App to infringe upon the intellectual property or other rights of third parties.
You are entirely responsible for your conduct and for making sure that it follows all copyright and data-protection laws. In the event you fail to follow the laws regarding copyrights, trademarks, data protection and privacy rights or other intellectual property rights, your license to the App may be cancelled. Additionally, you may be subject to civil and criminal liability, fines and jail time.
19. Ownership, Title, and Assignment
Sync.MD is the exclusive owner of all title to and rights in the App. Our exclusive property includes ownership rights to patents (registrations, renewals, and pending applications), copyrights, trademarks, service marks, domain names, trade dress, trade secrets, Sync.MD’s technology, and any derivates of and goodwill associated with them. We may freely assign these titles, rights, and Agreements in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.
20. Assumption of Risk
The App is designed to provide you with a PHR that you can use to collect, create, receive, transmit, maintain, and use and share your Medical Data. The App and any related content in it do not provide or constitute medical advice, treatment, or diagnosis.
By giving you the right to use the App, Sync.MD does not assume any obligation or liability related to your health or any treatments or services. Sync.MD is not liable for any death or injury that you may suffer. Sync.MD is not responsible for any harm you may cause to any third party, in connection with your use of the App or any activity in connection with your use of the App.
21. US Government Users
Under the policy stated in 48 CFR 227.7202-1, US Government users understand that the App is commercial computer software. This Agreement embodies the licenses customarily used by Sync.MD for licenses in Software granted to the public. These licenses shall apply to all possession, use, and duplication of the Software by the US Government, except to the extent which such licenses are inconsistent with Federal procurement law. The contractor/manufacturer is VYRTY Corporation DBA Sync.MD.
22. Disclaimer of Warranties
Sync.MD provides the App to you on an “as is” and “as available” basis. There are no warranties of any kind, express or implied, including warranties of title, non-infringement, and implied warranties of merchantability or fitness for a particular purpose. Sync.MD makes no warranty, or guaranty that the App or its content is up-to-date, accurate, or complete.
Sync.MD makes no representation or warranty of any kind related to the use of data or the results of the use of data from the App. Written or oral information or advice given by any Sync.MD employee, representative, distributor or others shall not create a warranty for the App. You may not rely upon such information or advice.
23. Limitation of Liability
Sync.MD will not be liable to you for damages, including consequential, punitive, special, incidental, or indirect damages of any kind. This includes the cost of cover, damages from loss of data, use, profits, or goodwill. Sync.MD will not be liable even if advised of the possibility of loss. These limitations shall apply regardless of the failure of essential purpose of any limited remedy.
Sync.MD’s maximum aggregate liability arising out of this agreement, including any claims in tort (including negligence), contract, breach of warranty, strict liability or otherwise, and for all connected or combined claims, will not exceed $200.00 U.S. Dollars.
The above disclaimers and limitations may not apply to you regarding certain types of damages or claims, as some jurisdictions do not allow those exclusions.
25. Class Action Waiver
You and Sync.MD agree that each may bring claims against the other as an individual only when the law allows. You may not bring a claim as a plaintiff or class member in any class or representative action. You further agree that no arbitrator or judge may combine more than one person’s claims or preside over any form of a representative or class proceeding. This waiver will survive any termination of this agreement.
You agree to indemnify, defend, and hold Sync.MD harmless from any liability, loss, damage, claim and expense, including reasonable attorney fees and expenses, related to your violation of this EULA, your use of the App or for any claims made against Sync.MD by any third party. You agree your indemnification of Sync.MD inures to the benefit of the officers, directors, employees, agents of licensors, and its successors interest.
If you have a dispute with a user of the App for any reason, you release Sync.MD (and its officers, agents, subsidiaries, and employees) from all claims, demands and damages connected with such dispute.
If you are a California resident, you waive California civil code §1542, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
This Agreement will be in effect for as long as Sync.MD licenses the use of the App to you, unless otherwise terminated by Sync.MD.
29. Breach and Termination
If you fail to follow any term or condition of this Agreement, the Agreement and license may be terminated or suspended by Sync.MD in its’ sole discretion, immediately. Sync.MD can suspend your access to the App any time if you breach this Agreement or use the App in a manner that hurts the operation of the App. You agree that we are not liable to you or any third party if we terminate or suspend your access to our App.
You further understand and agree that the App is under development and will continually change. Sync.MD has the right to terminate, change, or modify any portion, aspect, or feature of the App or any service related to the App at any time.
30. Effect of Termination
If you do not perform your obligations under this Agreement, and this Agreement ends, Sync.MD may go after all available legal remedies it may have against you. You agree that at the end of this Agreement, all rights given to you will end. At that time, you will immediately stop all activities authorized by this Agreement.
You agree that you will remain bound by the sections that can survive expiration or termination, such as, Assumption of Risk, Disclaimers of Warranty, Limitations of Liability, and Intellectual Property.
31. Complete Agreement and Severability
This Agreement replaces all proposals, negotiations, discussions, agreements, and all past dealings between you and Sync.MD relating to the App or license. It can only be changed in writing signed by you and Sync.MD. If any term of this Agreement is held by a court of competent jurisdiction to not be enforceable, it will not affect the remaining terms of this Agreement. Such holding will not render unenforceable or invalidate such terms and provisions of this Agreement in other jurisdictions.
If any terms or provisions are held to be invalid under any applicable statute or rule of law, they will be cut from this Agreement and the remaining provisions of this Agreement will be interpreted to best effect the intent of the parties. The parties agree to replace any invalid or unenforceable provisions in a mutually acceptable manner as originally contemplated to the largest possible extent. There is no waiver of any right or obligation in here unless it is in writing signed by the party against whom the waiver is sought to be enforced.