Last updated: October 1, 2021
By accepting the terms, or by creating an account, you are agreeing to be bound by the terms set forth in this Agreement.
This Agreement is a legal and binding agreement between you and Medicestry LLC, and it governs your use of the Platform either through the Medicestry App or any other medium, now existing or hereafter made, all of which are made available to you by Medicestry LLC.
If you do not agree to the terms of this Agreement, do not accept the terms and do not create an account to use the Platform.
The Platform and the Medicestry App are licensed, not sold to you by Medicestry LLC for use strictly in accordance with the terms of this Agreement.
THE MEDICESTRY PLATFORM
The Platform is a suite of applications designed to allow patients and organizations (such as healthcare providers, researchers, patient advocacy groups, etc.) to share information related to a patient’s family health history. Although our future plans include the ability to store user’s data on servers in other countries, as of this Agreement, ALL DATA IS STORED ON SERVERS IN THE UNITED STATES. Information may be entered onto or viewed on the Platform through use of the Medicestry App and, once complete, through direct input into the patient portal. As a user of the Platform, you can create, record, maintain, and share with your family members and organizations the health history profiles of you and your family members. It is designed to assist you in recording and utilizing a more accurate family health history. This is important information that does have an impact on your overall risk of hereditary diseases, especially if you have a family history of certain hereditary diseases. Profiles consist of, but are not limited to, current ages, or ages at death, any diagnoses and ages at time of diagnosis, and whether or not family members have had genetic testing along with the results of those genetic tests.
The Platform is owned and operated by Medicestry LLC, a North Carolina corporation.
Medicestry – means Medicestry LLC, a North Carolina corporation
Platform – means the App built by Medicestry which patients can download from either the Apple or Google App Store and is designed to help them record, share, and maintain their family health histories on the Platform.
Medicestry App – means the App built by Medicestry LLC which users can download from either the Apple or Google App Store and is designed to help them record, share, and maintain their family health histories on the Platform.
End User – means an individual who is a properly licensed user of the Platform.
Your Data – means data that resides on the Platform that was either directly entered by you or data you received from other family members or healthcare providers. Your Data is always owned by you and CANNOT be sold by Medicestry LLC without your consent. Medicestry LLC does intend to offer services in the future to broker Your Data for you so that you may be entitled to compensation if you decide to sell your data. Alternatively, you will have the right to refrain from selling Your Data.
Product Development - means research performed by or on behalf of Medicestry LLC on De-identified Data for the purpose of developing new products and services associated with the Platform. These activities may result in improvements to or modifications of the Medicestry App or the Platform and/or offering new products or services to you the End User; performing quality control exercises; conducting data analysis that may lead to and/or include commercialization with a third party.
Personal Information – means information that is used to identify you. This includes information you entered when creating an account in the App, such as email address, mobile phone number, birthdate, name, username and password.
De-identified Data – means Personal Health Information and/or Family Health History Information you have entered into the Medicestry App or otherwise onto the Platform which does not contain data that would reveal the identity of an individual. This is data that cannot be traced back to you.
Personal Health Information – means information you have entered into the Medicestry App or otherwise onto the Platform about your disease conditions, other health-related information, personal traits, ethnicity and other information that you enter into surveys, forms, or features while using the Platform. Personal Health Information is shared with researchers only if it has been indicated for research use by you in the Medicestry App or otherwise on the Platform.
Family Health History Information – means information you have entered into the Medicestry App or otherwise onto the Platform about your family members, including any diseases or conditions and the ages of diagnosis and other health-related information. This DOES NOT include identifiable data on your family members you have entered into the Medicestry App or otherwise onto the Platform.
Aggregated Information – means Personal Health Information and/or Family Health History Information you have entered into the Medicestry App or otherwise onto the Platform that is summarized and combined with other End Users information. This information DOES NOT include any identifiable data and is only presented as summary information.
User Content – means all information entered into or transmitted by the Platform on behalf of End Users which includes but is not limited to all text, pictures, data, photographs, audios, videos, reports, charts, and any other material.
Registration Information – means all information entered during the process of registering for an account.
Medicestry grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Medicestry App solely for your personal, non-commercial, purposes strictly in accordance with the terms of this Agreement. You may produce output consisting of Your Data and distribute to your physician or healthcare provider.
To download, install, and agree to the Agreement, you must be at least 18 years of age and have the legal capacity to enter into a contract with Medicestry.
DESCRIPTION OF APPLICATION
You also acknowledge and agree that the Platform and the Medicestry App are provided "AS-IS" and are designed to assist you in gathering your family health history. The Platform also has the potential to help determine if you are potentially at an increased risk over the general population of inheriting a disease. As research in the area of family health history progresses, Medicestry may add or change information or services provided in order to provide the best possible experience for its users. You acknowledge and agree that the Platform and the information it provides through the Medicestry App or otherwise may change from time to time without prior notice to you. You also acknowledge and agree that Medicestry may stop (either permanently or temporarily) providing some features within the Platform to you or to users generally at Medicestry’ sole discretion, without prior notice to you. You may stop using the Platform at any time. You do not need to specifically inform Medicestry when you stop using the Platform unless you are requesting closure of your account and the deletion of Your Data.
In order to use the Platform, either through the Medicestry App or otherwise, you must obtain Internet access on your own since Medicestry does not provide this service in any way, and you are solely responsible for any fees related to acquiring Internet access or otherwise accessing the Platform. In addition, you must obtain and maintain your own devices to obtain an Internet connection. You are solely responsible for providing such equipment. You acknowledge and agree that even though currently Medicestry does not limit the number of transmissions you send or receive to the Platform through the Medicestry App or otherwise or the amount of storage space used for features on the Platform, Medicestry reserves the right at any time to set limits for both the number of transmissions and storage space.
RISKS AND CONSIDERATIONS USING MEDICESTRY APP
You acknowledge that information you may obtain from other family members related to their health or their genetic relationship with other family members, whether now or as family health history and/or genetic research advances, may not be positive. You also acknowledge that as research advances, you may need to obtain further services from Medicestry, your physician, a genetic counselor, or other health care provider.
We encourage you to seek out a genetic counselor or a health professional with special training in genetics if there is a history of hereditary diseases in your family. A genetic counselor can help you determine if genetic testing is recommended and also help you understand your genetic test results and your options.
You may learn information about your family members that you do not anticipate. For instance, that someone is not related to you in the way you thought (like a half sibling), or that they have health conditions you were unaware of. You agree that Medicestry shall have no liability to you relating to or arising out of such information or your use of the Platform or the Medicestry App in any way.
You should not change your health behaviors solely on the basis of information you acquire or learn from accessing the Platform, either through the Medicestry App or otherwise. Make sure to discuss your family health history with a physician or other healthcare provider before you act upon the information you learn from using the Platform. If your data indicates that you are not at elevated genetic risk for a particular disease or condition, this does not mean, and you should not feel that you are immune from such or any hereditary diseases. In addition, if your data indicates you are at an elevated genetic risk for a particular disease or condition, it does not mean you will definitively develop the disease or condition. In either case, if you have concerns or questions about what you learn through using the Platform, you should contact your physician or other health care provider.
Related to research performed by scientists in the area of family health history and its impact on individuals, the research community is rapidly learning more in this area and its impact on your healthcare. Medicestry is committed to contributing to this research. Future scientific research may change the interpretation of your family health history. In the future, the scientific community may show previous research to be incomplete or inaccurate.
You acknowledge that you are aware of the Genetic Information Nondiscrimination Act (“GINA”) that was signed into law in the United States in 2008. This law is designed to provide protection against discrimination by employers and health insurance companies for employment and health care coverage. However, this law does not apply the same in all states since certain states have their own laws that provide further protection than GINA does. It is your responsibility to seek out legal counsel if you are concerned with any issues related to your sharing of your family health history.
You acknowledge that sharing your health information with other family members can become part of that person’s family health history record and may be shared with their clinician. The health information you share does not include any of your personal information except for your first name and your year of birth. You also acknowledge that family health history information that you choose to share with your physician or other health care provider may become part of your medical record and as a result of this sharing, may become accessible to other health care providers in the future. We strongly encourage you to obtain a copy of the data privacy terms and conditions offered to you by your physician or healthcare provider. Family health history information that you share with family, friends or employers could potentially be used against you. Even if you share family health history information that has no or perceived impact on your risk of inheriting a disease, future research could affect your level of risk and place you in a higher risk category
The Platform is provided for informational, educational, and research use only. Medicestry does not provide medical advice. Any family health history information you enter onto the Platform or information you learn from accessing the Platform or otherwise using the App should be shared with your clinician or healthcare provider. Any of the family health history information you obtain and how it impacts your hereditary risk may not have been clinically validated.
By downloading, installing, and agreeing to the Terms of Agreement, you understand that information you learn from Medicestry is not designed to independently diagnose, prevent, or treat any condition or disease or to make a determination on the state of your health in the absence of medical and clinical information. You also acknowledge that you understand that the Medicestry App and Medicestry Platform are intended for research, informational, and educational purposes only, and that while information might imply a diagnosis or a possible treatment, it should always be confirmed by your physician or healthcare provider. You acknowledge that Medicestry urges you to seek the advice of your physician or other health care provider if you have questions or concerns arising from usage of the Medicestry App or otherwise accessing the Platform.
You acknowledge and consent to store your data on servers in the United States.
You represent that you are at least 18 (eighteen) years of age or older and have the legal capacity to enter into a contract.
You agree that if you seek the advice of a clinician or healthcare provider who resides outside of the country in which you reside, your data may be transferred to that clinician.
You represent that you have obtained the necessary consent from living family members to enter their data into the Platform for the purpose of sharing this data with Clinicians as well as other End Users (family members).
You are warranting that you are not an insurance company or an employer attempting to obtain information about an insured person or an employee.
You are aware that some of the information you receive may provoke strong emotion and that such emotions may be negative.
You take responsibility for all possible consequences resulting from your sharing with others access to your family health history and your Personal Health Information.
You understand that all your Personal Information will be stored in Medicestry databases and will be processed in accordance with the Medicestry Privacy Statement.
Waiver of Property Rights: You understand that by providing family health history information, or providing Personal Health Information, you acquire no rights in any research or commercial products that may be developed by Medicestry or its collaborating partners provided the information used is De-identified Data. You specifically understand that you will not receive compensation for any research or commercial products that include or result from De-identified Data, unless notified by Medicestry LLC directly of such potential compensation. For Your Data that is not De-identified Data, you will have the right to refrain from selling Your Data. We will notify you if we are able to broker Your Data in a way that would entitle you to compensation and you will have the right to decide if you want to sell Your Data.
You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations. In case of breach of any one of these representations, Medicestry LLC has the right to suspend or terminate your account and refuse any and all current or future access to the Platform (or any portion thereof) and you will defend and indemnify Medicestry LLC and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
You acknowledge that as a result of your use of the Medicestry App or otherwise accessing the Platform, you agree to: (a) provide true, accurate, current, and complete Registration Information about yourself as prompted by the Platform; and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any Registration Information that is untrue, inaccurate, not current, or incomplete, or if Medicestry has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, Medicestry has the right to suspend or terminate your account and refuse any and all current or future access to the Platform (or any portion thereof).
After you download and install the Medicestry App, you will be prompted to create an account consisting of a unique email address/UserId and password. You are responsible for maintaining the confidentiality of the email address/UserId and password and are fully responsible for all activities that occur under your password protected account. If you allow any individual or third party to access your data via your consent to allow them access via your username and password, you will defend and assure Medicestry LLC and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to (a) immediately notify Medicestry LLC of any unauthorized use of your account or any other security breach, and (b) ensure that you properly exit from your account at the end of each session. Medicestry LLC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
In order to use the Medicestry App or otherwise access the Platform, you must first acknowledge and agree to the Privacy Statement by toggling on the “I agree” option next to the Privacy Statement when presented during account creation. You may not use the Medicestry App or otherwise access the Platform if you do not accept the Privacy Statement.
You acknowledge and agree that Medicestry LLC has the right to monitor any use of its systems by its personnel at any time and maintain copies documenting such monitoring. Our Privacy Statement sets forth the only expectations of privacy any individual should have in terms of usage of the Medicestry App or otherwise accessing the Platform. Aggregated Information may be used by us or our third-party partners (including but not limited to non-profit foundations, academic institutions, healthcare companies, or pharmaceutical companies) for further research. If you have given consent for your De-identified Data to be used by Medicestry LLC for research purposes, your Personal Health Information and/or Family Health History Information may be included (without personally identifiable information) to third-party non-profit and/or commercial research partners. Medicestry LLC research may be sponsored by, conducted on behalf of, or in collaboration with third parties, such as non-profit foundations, academic institutions, healthcare companies, or pharmaceutical companies. Medicestry LLC may collaborate with these entities to identify risk algorithms to help predict certain hereditary health conditions or diseases with the goal of improving health care. Medicestry LLC will never release your Identified Personal Health Information or Family Health History Information to any third party without asking for and receiving your explicit consent to do so, unless required by law.
You acknowledge that all User Content is the sole responsibility of the person from which such User Content originated. This means that you, and not Medicestry LLC, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit onto or from the Platform or through the Medicestry App.
You acknowledge that the content presented to you through the Medicestry App or otherwise as part of the Platform, whether original Medicestry LLC content or sponsored content, is protected by copyright and/or other intellectual property rights that are owned by Medicestry LLC and/or the sponsors who provide that content to Medicestry LLC (or by other persons or companies on their behalf).
You agree not to, and you will not permit others to:
License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Platform or make the Platform available to any third party.
Copy or use the Platform or the Medicestry App for any purpose other than as permitted under the above section 'License'.
Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Platform or the Medicestry App.
Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Medicestry LLC or its affiliates, partners, suppliers or the licensors of the Platform or the Medicestry App.
The Platform and the Medicestry App, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights relating to or arising from either are, and shall remain, the sole and exclusive property of Medicestry LLC.
Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to Medicestry LLC with respect to the Platform or the Medicestry App shall remain the sole and exclusive property of Medicestry LLC.
Medicestry LLC shall be free to use, copy, modify, publish, or redistribute the suggestions for any purpose and in any way without any credit or any compensation to you.
MODIFICATIONS TO APPLICATION
Medicestry LLC reserves the right to modify, suspend or discontinue, temporarily or permanently, the Platform and/or the Medicestry App or any service to which either connects, with or without notice and without liability to you.
UPDATES TO APPLICATION
Medicestry LLC may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the Platform and/or the Medicestry App. You agree that Medicestry LLC has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Platform and/or the Medicestry App to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Platform and/or the Medicestry App (as applicable), and (ii) subject to the terms and conditions of this Agreement.
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services").
You acknowledge and agree that Medicestry LLC shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Medicestry LLC does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
TERM AND TERMINATION
This Agreement shall remain in effect until terminated by you or Medicestry LLC.
Medicestry LLC may, in its sole discretion, at any time and for any or no reason, suspend, modify or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Medicestry LLC, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your computer. Please be aware, however, that we will continue to maintain a copy of Your Data on the Platform unless you notify us in writing at firstname.lastname@example.org that you wish for us to delete your data. If we receive a request to delete your data, we will send an email to the email address we have on file for you, asking that you confirm your request. Your request to delete your data will not be effective until we have received a second email confirmation from you. Even if we delete your data, it may still remain on backup drives pursuant to our internal policies for a limited period of time. During this time, it will not be available to you or other users.
Upon termination of this Agreement, you shall cease all use of the Platform and the Medicestry App and delete all copies of the Medicestry App from your mobile device, tablet computer or any other device on which you have installed the Medicestry App.
Termination of this Agreement will not limit any of Medicestry LLC rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
You agree to indemnify and hold Medicestry and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Medicestry App or other access of the Platform; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
The Medicestry App and access to the Platform is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Medicestry LLC, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Medicestry App and Platform, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Medicestry LLC provides no warranty or undertaking, and makes no representation of any kind that either or both of the Medicestry App and Platform will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Medicestry LLC nor any Medicestry LLC provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of either or both of the Medicestry App and Platform, or all or any portion of the information, content, and materials or products included thereon, including but not limited to Your Data; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Medicestry App or otherwise to the Platform; or (iv) that the Medicestry App and Platform and each of their servers as well as the content, or e-mails sent from or on behalf of Medicestry LLC are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. You specifically acknowledge that, despite Medicestry’ efforts to back up Your Data all such data may become unavailable temporarily or permanently and may be lost or deleted.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
LIMITATION OF LIABILITY
Notwithstanding any damages that you might incur, the entire liability of Medicestry LLC and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Medicestry App.
To the maximum extent permitted by applicable law, in no event shall Medicestry LLC or its suppliers or either of their affiliates or agents be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Medicestry App or Platform, third-party software and/or third-party hardware used with the Medicestry App or Platform, or otherwise in connection with any provision of this Agreement), even if Medicestry LLC or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
FOR U.S. GOVERNMENT END USERS
The Application and related documentation are "Commercial Items", as that term is defined under 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used under 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. In accordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government End Users (a) only as Commercial Items and (b) with only those rights as are granted to all other End Users pursuant to the terms and conditions herein.
You may not export or re-export the Medicestry App or use or access the Platform except as authorized by United States law and the laws of the jurisdiction in which the Medicestry App was obtained.
In particular, but without limitation, the Medicestry App may not be exported or re-exported, and the Platform may not be used or accessed (a) into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List.
By installing or using any component of the Medicestry App or the Platform, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
AMENDMENTS TO THIS AGREEMENT
Medicestry LLC reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use the Medicestry App or the Platform after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Medicestry App or the Platform.
The laws of Florida, United States, excluding its conflicts of law rules, shall govern this Agreement and your use of the Medicestry App and the Platform. Your use of the Medicestry App and the Platform may also be subject to other local, state, national, or international laws.
This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
If you have any questions about this Agreement, please contact us at email@example.com.
The Agreement constitutes the entire agreement between you and Medicestry LLC regarding your use of the Medicestry App or otherwise accessing the Platform and supersedes all prior and contemporaneous written or oral agreements between you and Medicestry LLC.
You may be subject to additional terms and conditions that apply when you use or purchase other Medicestry services, which Medicestry LLC will provide to you at the time of such use or purchase.