SYNC.MD TERMS OF SERVICE (“Terms”)
Last Updated December 21st 2020
Welcome to Sync.MD!
Please read these Terms carefully because they form a legal contract between you and Sync.MD about our Services and how you can use them. By creating a Sync.MD Account or using the Sync.MD Services, you are agreeing to these Terms. If you do not wish to agree to these Terms, do not create a Sync.MD Account or use the Sync.MD Services.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME LIMITATIONS AND WAYS YOU CAN OPT OUT BELOW.
We agree to provide you with access to the Sync.MD Services. Our Services include all of our Websites, Apps, Products, Features, Services, Technologies, and other Software. The Sync.MD Services are designed to provide you with a simple and secure platform to request, manage, and share your health records electronically. The Sync.MD Services include these elements:
A simple and secure platform for requesting, transporting, and managing health information.
Everyone should have easy and reliable access to their health information so that you and your doctors can make better decisions about your medical care. Sync.MD provides an encrypted electronic platform for you to request, receive, and share your health information with other people, doctors, or medical organizations. Encryption means that we protect your data and information by transforming it into a special code that can only be read by its intended recipients.
Tools and resources for you to better communicate with your doctors and their medical organizations.
It can be a frustrating and time-consuming process to constantly check and verify that all of your doctors have access to your most recent health information. Sync.MD makes this process easy by providing you with features and functionality that allow you to perform actions like staying “In-Sync” with other users. That means that any new information or documents that you receive will be automatically shared, so you can rest easy knowing the most up-to-date records will be available to the people who need them most.
Developing and using technologies that help you better navigate a changing healthcare industry.
New laws and regulations may change the rights you have as a patient and provide new ways for you to interact with medical organizations. We want to make sure that Sync.MD always offers you the best experience by creating and using new systems or technology to improve your ability to acquire and share your health information. That may involve providing you with the ability to connect your Sync.MD account with services or products offered by other companies or your doctors.
Protecting access and security of our Services.
Improving quality of experiences through research and innovation.
How Our Services Are Funded
We do not bill individuals who are using Sync.MD to manage their own personal health records. Instead, we charge subscription fees to users, companies, entities, or organizations (including users acting on their behalf), who use Sync.MD to manage access to the information of other users. Sync.MD allows each user to freely stay “In-Sync” with up to ten other users, but any amount of users beyond this point requires a monthly subscription fee.
In return for our agreement to provide you with the Sync.MD Services, we require that you make the following commitments to us.
Who can use Sync.MD. As helpful as the Sync.MD Services are to individuals managing their own healthcare, we have to follow certain laws and regulations that place limits on who can be a user. By accepting these Terms, you are agreeing to the following restrictions:
You must be at least 13 years old.
You must be a resident of the United States of America.
- We must not have previously disabled your account for a violation of law or these Terms.
How you can’t use Sync.MD.
By following safe standards for the use of Sync.MD Services, we can all help ensure that the system is safe and secure.
You can’t use Sync.MD to accept or provide any kind of medical advice, treatment, or diagnosis.
Sync.MD is not a healthcare provider and does not work on behalf of any healthcare provider. If you experience a medical emergency you should always contact 9-1-1. Our Services only provide you with a platform for storing and sharing your medical records, and you must contact your doctor directly concerning any medical decisions or medical questions that you may have.
You can’t impersonate others or provide inaccurate information.
You must provide Sync.MD with accurate and up-to-date information (including registration information), which includes providing personal demographic data. You may not impersonate someone or something that you are not, and you can’t create an account for someone else unless you have legal permission to act as their representative.
You can’t do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
You can’t violate these Terms or help others to violate these Terms.
You can’t do anything that would interfere with or impair the intended operation of the Sync.MD Services.
This includes trying to misuse our customer support services by making fraudulent or malicious claims.
You can’t sell, license, or purchase any account or data obtained as part of our Services.
Any information you receive from another Sync.MD user is provided based on their express permission and consent. You have no rights to permanent or exclusive access to that information, and those users may revoke your access at any time, for any reason.
You can’t share the private or confidential information of another person without permission or do anything that violates the rights of someone else, including intellectual property rights such as copyright and trademark infringement.
- You can’t modify, translate, create derivative works of, or reverse engineer any our Services or their components.
Permissions you give to us.
As part of these Terms, you also give us permission for things we need in order to provide you with the Sync.MD Services.
Permission to communicate with you using the contact information you provide.
As part of our Services, we may need to contact you directly for account verification, customer support, and other related purposes. This means that we may contact you using your listed phone number or email, including automated text message notifications.
Permission to collect and use your personal information and information about your relationships and actions with other accounts or organizations.
You give us permission to show your personal information to other users or organizations you interact with through our Services, such as those users you have become “In-Sync” with. For example, if you synchronize your Sync.MD account with your spouse’s, they would be able to see any new documents that are added to your account by your doctors. If you sent a request for medical records to a hospital, they would be able to see the details of your request and your demographic information so that they could identify you in their own system.
Content Removal and Disabling or Terminating Your Account
We can remove any content or information you share using our Services if we believe that it violates these Terms or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Services to you in order to protect the security and integrity of our platform, if you violate these Terms, infringe on other people’s intellectual property rights, or when permitted or required by law.
If you want to terminate or delete your account, please reach out to our Customer Support at firstname.lastname@example.org. When you request account deletion, it may take up to 30 days for the request to be processed.
- If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but this section and the section below called “What Happens When We Disagree” will still apply even after your account is terminated, disabled, or deleted.
What Happens When We Disagree
If any aspect of this agreement is unenforceable, then the rest of the agreement will remain in effect.
Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.
We reserve any and all rights not expressly granted to you.
Who has rights under this agreement
Our past, present, and future affiliates and agents can invoke our rights under this agreement in the event they become involved in a dispute. Otherwise, this agreement does not give rights to any third parties.
You cannot transfer your rights and obligations under this agreement without our consent.
- Our rights and obligations can be assigned to others. For example, if Sync.MD’s ownership were to change (as in a merger, acquisition, or sale of assets) or if it was required by law.
Who is responsible when something happens
The Sync.MD Services are provided “as is”, and we can’t guarantee it will be safe and secure or work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We also don’t control what other people and organizations do with our Services, and we aren’t responsible for their (or your) actions, conduct, or content. We also aren’t responsible for any services and features offered by other people or companies, even if you access them through our Service.
Our responsibility for anything that happens on the Service (this is called "liability") is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. Our aggregate liability arising out of or relating to these Terms will not exceed $200.
- You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with these Terms or your use of our Services. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
How we will handle disputes
Where permitted by law, you and we agree that any legal claims, causes of action, or disputes between us arising out of these Terms must be resolved by arbitration on an individual basis. Class actions and class arbitration are not permitted.
You may only bring a claim on your own behalf and cannot seek relief that would affect other Sync.MD users. If there is a final judicial determination that any particular claim (or request for particular relief) cannot be arbitrated in accordance with this provision’s limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.
Instead of using arbitration, you or we can bring claims in your local “small claims” court, if the rules of that court allow it. If you don’t bring your claims in small claims court, (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitration under its Consumer Arbitration Rules.
You and we expressly waive a trial by jury.
The following claims don’t have to be arbitrated and may be brought in court; disputes related to intellectual property (like copyrights and trademarks), violations of our Terms, or efforts to interfere with the Service or engage with the Service in unauthorized ways. In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide.
This arbitration provision is governed by the Federal Arbitration Act.
You can opt out of this provision within 30 days of the date that you agreed to these Terms. To opt out, you must send your name, residence address, email address and phone number that you use for your Sync.MD Account, and a clear statement that you want to opt out of this arbitration agreement to the following address: Sync.MD ATTN: Arbitration Opt-Out, 17371 NE 67th Ct. #B-206, Redmond, WA, 98052.
Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, email address and phone number that you use for your Sync.MD account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to the following address: Sync.MD ATTN: Arbitration Filing, 17371 NE 67th Ct. #B-206, Redmond, WA, 98052. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your Sync.MD account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
We will pay all arbitration filing fees, administration and hearing costs, and arbitrator fees for any arbitration we bring or if your claims seek less than $75,000 and you timely provided us with a Notice of Dispute. For all other claims, the costs and fees of arbitration shall be allocated in accordance with the arbitration provider's rules, including rules regarding frivolous or improper claims.
For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the Western District of Washington or a state court located in King County of the State of Washington. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
- The laws of the State of Washington, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.
We welcome and appreciate direct user feedback and other suggestions, but we may use them without any restrictions or obligations to compensate you for them, and are under no obligation to keep them confidential.
Updating These Terms
We may make changes to our Services and we may need to make changes to these Terms so that more accurately reflect our Services. Unless otherwise required by law, we will notify you before we make substantive changes to these Terms and give you an opportunity to review them before they go into effect. Then if you continue to to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you should not create a Sync.MD account or use the Sync.MD Services, or you should send a request for Account Deletion to our Customer Support at email@example.com.