Terms and Conditions

You, the user, may be a (i) patient with access to our Service (as such term is defined below) as part of Your treatment (and if the patient is a minor or under the care of a lawful guardian – his legal guardian), or (ii) health care organization that has contracted with Datos for the patient’s access to the Service, or caregiver working for such health care organization that has contracted with Datos for the patient’s access to the Service (“You”).

Datos’ Service provides advanced technology tools and solutions for patient generated health data management platform offered and provided by Datos through its Website or Application (collectively the “Service”), subject to the Terms of Service detailed below, and allow You to share and store information that may be sensitive. Such information may become accessible to Datos and such third parties as described in our Privacy Policy set forth below. Thus, we urge You to read the Terms herein carefully and make sure You understand clearly how Datos may collect and use Your information.

By accessing the Service, You hereby provide Your consent to the Terms of Service as provided herein. If You do not agree to these Terms, You may not access or otherwise use any of the Services.

You may use the Service only if You have reached the age of eighteen (18) or the applicable legal age in Your jurisdiction and can form legally binding contracts under applicable law. If You are under 18 or the legal age in Your jurisdiction, or if You have a legal guardian, such guardian must agree to these Terms on Your behalf.

The following are the Terms of Service for the use of the Health Ltd. and its affiliates (collectively “Datos“) patient generated health data management platform offered and provided by Datos through our Website or the Application (and collectively the “Service”).

Please read these Terms of Service carefully (which together with the terms of the Privacy Policy shall be referred to herein as the “Terms“). The Service offered to you (“You” or the “User“) is conditioned on Your acceptance, without any modification of these Terms. If these Terms are not acceptable to You, You should not install or use the Application. We may change Terms at any time by posting revisions to our Websites and Application. If You do not agree to these Terms, please exit the Websites and Application immediately and refrain from using our Services.

1. NO MEDICAL ADVICE

   The Services offered by Datos do not constitute a medical advice and are not intended to offer medical advice from Datos. You should always seek the advice of Your physician or other qualified health care provider prior to starting any new treatment, or if You have any questions regarding symptoms or a medical condition. Any information that You obtain through the Service is provided for informational purposes only. While the Service may provide You with information or facilitate Your communication with a health care provider, it is not a substitute for the professional judgment of Your health care provider. If you think you have a medical emergency please call your health care provider or emergency services immediately.

2. REGISTRATION, USER ACCOUNT AND PASSWORDS; NON REGISTERED USERS
   • In order to access the Service through the Application, You must setup an account (the “Account”). You can setup an Account if you are, at least, eighteen (18) years old and doing it on Your own behalf (or, if the patient is a minor or under the care of a lawful guardian – by the legal guardian). In some cases, the Account may be assigned to You by an administrator, such as Your health care organization that has contracted with Datos for the patient’s access to the Service. Kindly note that such an administrator may be able to access or disable Your Account without our involvement.
   • In order to logon to Your Account You must set up a password. Your identification information can be based on Your mobile phone number and email address (or otherwise, as determined by Your care giver). You should report Your care provider support team of any change in those by contacting Your care provider.
   • Each time You log into the Application, You shall be required to identify Yourself with the password You chose. Once You log into the Application using Your log in details, You shall be able to view old records uploaded onto the Application.
   • You should maintain Your password confidential and You should not disclose it to anyone. In case You forgot Your password, You may be able to reset it by requesting Your care provider support team to send You an email to the email address You provided or You can use the “Forgot Password” feature and a reset password email will be sent to Your email.
   • In order to keep Your privacy, we recommend that You set a screen saver on Your smartphone using a password with minimum of 7 digits and change it every 6 months. You should immediately notify Datos or Your care giver of any unauthorized use of Your password or any other breach of security and shall be responsible to keep Your password secure and re-set it as needed to maintain the security of Your data.
   • You must provide truthful, accurate, and current information about Yourself at all times as such information shall also be provided to Your care provider. You shall be fully and solely responsible for any and all data and information which is uploaded to the Application. Datos and Your care provider cannot and will not be liable for any data loss or damage resulting from Your use of the Application.
   • If You are a health care giver acting as an administrator, additional terms apply to Your use of the Service and form an integral part of the Terms. Please read them carefully.
   • If You are using the Service through a link sent to you via email or SMS by Your health care provider, please refer to the additional terms available here and form an integral part of the Terms. Please read them carefully, as they govern the Users’ use of any Service provided by Datos not through the Application.
3. NON-EXCLUSIVE LICENSE TO THE SERVICE
   • Non-Exclusive License. Subject to and conditioned upon Your acceptance and compliance with these Terms (including any other policies referenced herein which form an integral part of the Terms), Datos hereby grants You a non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Service, solely for Your and Your personal care provider use.
   • Changes in the Service. Datos makes continuous efforts to constantly improve the Service for the benefit of its customers. Therefore, Datos may make changes to the Service from time to time, including by removing any feature or functionality of the Service. Datos will use reasonable efforts to provide You with a reasonable notice prior to any material change to the Service. You will not be entitled to any compensation on account of any changes to the Service.
   • Restrictions. You will not, nor allow any third party to: (a) copy, modify, adapt, translate or otherwise create derivative works of the Service; (b) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Service; (c) rent, lease, sell, sublicense, assign or otherwise transfer rights in or to the Service; (d) remove any proprietary notices or labels from the Service; (e) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service; (f) develop any other product or service containing any of the concepts and ideas contained in the Service or use the Service for the purpose of building a similar or competitive product; (g) directly or indirectly take any action to contest Datos intellectual property rights or infringe them in any way; (h) make the Service available for timesharing, application service provider or service bureau use; and (i) remove, obscure, or alter any notice of copyright, Datos Marks (as such term is defined below), or other proprietary right appearing in or on any item included with the Service.
4. REPRESENTATIONS OF USER
   User hereby represents and warrants to Datos that:
   • He/she will not use the Service for any illegal or unauthorized purpose or infringe or promote the infringement of any intellectual, proprietary or other right of any party.
   • He/she will comply with all applicable laws and regulations in his/her use of and access to the Service.
   • He/she shall be solely responsible for any data which is uploaded to the Application and any and all activities that take place in his/her account.
   • He/she is aware that Datos is a software vendor and not a care provider, and as such Datos shall have no responsibility for the practice of medicine and for all medical decisions, judgments and actions taken or not taken in as a result of the Service.
   • The Application is not intended to be a substitute for diagnosis, treatment, or emergency response in any manner and the User measurement results will not be monitored in real time. If You are experiencing a medical emergency or if Your measurement results fall outside of the normal range, as defined by Your care team, please seek immediate care and treatment by Your health care provider. Datos assumes no liability, and will not be liable, for any direct or indirect damages associated with Your care and treatment.
5. INTELLECTUAL PROPERTY RIGHTS; USER CONTENT
   • The Service and all of the intellectual property rights in the Service (including Datos’ Marks) are, and shall remain, the exclusive properly of Datos and its affiliates, including but not limited to, any modifications or custom features to the Service to be developed by Datos.
   • Any error and bug reports, additional features, ideas, requests, feedbacks, recommendations, comments, concepts and other requests or suggestions related to the Service (collectively “Ideas”) that You may provide to Datos, will be solely owned by Datos. You hereby irrevocably assign and transfer any intellectual property rights in such Ideas to Datos, free of charge.
   • All of Datos’ trademarks, service marks, logos, domain names, copyrights and other proprietary rights associated with Datos and the Service, whether registered or non-registered, shall be collectively referred to as “Datos’ Marks“. You agree not to directly or indirectly (and not to allow any third party to): (a) use Datos’ Marks for any purpose (other than as detailed hereunder) without Datos’ express written consent; and (b) register, attempt to register, or assist anyone else to register any Datos’ Marks or marks confusingly similar thereto.
   • By using the Service and Application, You hereby grant Datos the right to: (i) use, access, copy, adjust, and store any content uploaded to the Service or Application in an anonymized way as part of the provision of the Service to You and for the purpose of improving the Service (the “User Content“); (ii) provide a copy of the User Content to Your care provider and the hospital that is providing You with this Service. Datos will not disclose User Content to any government or third party except as necessary to comply with the law or a binding order of a governmental body. Unless it would violate a law or a binding order of a governmental body, Datos will give You notice of any legal requirement or order referred to in this section. Datos does not claim ownership or any copyright in User Content unless otherwise agreed by us in writing.
6. DISCLAIMER OF WARRANTIES
   • You understand and agree that the service provided to you is provided on an “as is” and “as available” basis. to the fullest extent permissible pursuant to applicable law, datos and its related parties disclaim all warranties of any kind, express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, merchantability, and fitness for a particular purpose.
   • Datos and its related parties do not warrant: (a) that the service provided to you will meet your requirements or expectations; (b) that the use of the service provided to you will be uninterrupted or error free; or (c) that defects, if any, will be corrected.
   • The foregoing exclusions and disclaimers are an essential part of these Terms and form the basis for determining the price charged for the Service. Some states do not allow exclusion of an implied warranty, so this disclaimer may not apply.
   • Datos’ Service contain third-party proprietary software programs, including, but not limited to, open source components, which are distributed by Datos along with their associated license terms. Open source components are distributed AS IS, without any warranty, express or implied, and in accordance with their respective license terms.
7. LIMITATION OF LIABILITY
   • Datos, and its related parties shall not be liable to you or any third party for any indirect, incidental, consequential, special, exemplary, or punitive damages (including, without limitation, damages for loss of business, loss of goodwill, loss of data, lost profits or other intangible losses), under any theory of law including under contract, negligence, strict liability, breach of any statutory duty, or otherwise arising out of or relating in any way to the service (even if datos or its related parties have been advised of the possibility of such damages and even if a remedy fails of its essential purpose).
     Some jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply. In such jurisdictions, liability is limited to the fullest extent permitted by law.
   • Not with standing anything to the contrary contained herein, to the fullest extent permitted by applicable law, datos’ and its related parties’ total aggregate liability to you or any other party for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lower of (i) the amount datos received due to the provision of the service to you; and (II) US$1,000.
   • You agree that regardless of any statute or law to the contrary, any claim or cause of action You may have arising out of or related to the use of the Service or otherwise under these Terms must be filed within two (2) years after such claim or cause of action arose or You hereby agree to be forever barred from bringing such claims.
   • These Terms shall not confer any rights or remedies upon any person or entity other than Datos and You.
8. TERM AND TERMINATION; CONSEQUENCES OF TERMINATION
   • These Terms will enter into effect once accepted by You in the registration process and/or by Your actual use of the Service and shall remain in effect for an indefinite period of time so long as You use the Service, unless terminated by a mutual agreement of both parties.
   • You may stop using the Service at any time. Immediately prior to Your stopping such use, You will inform Your care provider of such activity (with a copy to Datos).
   • Upon any termination of the Service for whatever reason, the following shall apply:
     8.3.1. All rights granted to You under the applicable license shall immediately be terminated.
   • The expiration or termination of the license or these Terms shall not relieve You of any obligation intended to survive under these Terms, including but not limited to, Sections ‎‎‎2.1, ‎‎‎3.3, ‎‎4, ‎‎5, ‎‎6, ‎‎7, ‎‎9 and ‎‎‎11.
9. INDEMNIFICATION

   You hereby agree to indemnify, defend and hold Datos and its directors, employees, service providers, agents, sub-contractors, representatives, and anyone on Datos’ behalf (the “Related Parties”) harmless from and against any and all claims, including related judgments, awards, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) and other expenses (collectively “Damages”) that are based on or arise directly or indirectly out of or from Your breach of these Terms; and (b) any misuse of the account(s) by You or any third party on Your behalf.

10. LINKS TO THIRD PARTY WEBSITES

    Datos may place links on the Services. When You click on a link to a third-party website from our Website or Application, Your activity and use on the linked website is governed by that website’s policies, not by those of Datos. Datos does not operate or monitor these websites and their content and assumes no responsibility for such third-party websites, content, or any product and services offered by such third-party websites. Accordingly, we encourage You to visit their websites and review their privacy and user policies.

11. MISCELLANEOUS
    • No waiver by either party of any default shall be deemed a waiver of any prior or subsequent default of the same or other provisions of these Terms, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.
    • If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from these Terms.
    • Datos may freely assign its rights and responsibilities hereunder without notice to You. These Terms are not assignable, transferable or sublicenseable by You except with Datos’ prior written consent.
    • These Terms constitute the entire understanding between You and Datos, and revoke and supersede all prior agreements between the parties, and are intended as a final expression of the parties’ agreement.
    • Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
    • Datos reserves the right at any time to modify these Terms. Any such modification will be effective immediately upon posting the amended Terms on Datos’ website or by sending an electronic mail to You. Your continued use of the Service after the effective date of any such modification will be deemed acceptance of such modified Terms.
    • If the Service was obtained from Datos Inc. or any of its resellers, all disputes arising out of these Terms will be subject to the governing law of New York, NY, United States of America and the exclusive jurisdiction of the competent courts located in the city of New York, NY, United States of America.If the Service was obtained from Datos Health Ltd. or any of its resellers, all disputes arising out of these Terms will be subject to the governing law of the state of Israel and the exclusive jurisdiction of the competent courts located in the city of Tel Aviv – Jaffa, Israel.The Parties agree and submit to the personal and exclusive jurisdiction and venue of these courts, except that nothing will prohibit either party from instituting an action in any court of competent jurisdiction to obtain injunctive relief or protect or enforce its intellectual property rights. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
    • Notice.
      • Datos may provide any notice to You under these Terms by: (i) posting a notice on www.datos-health.com and any successor or related site designated by us (the “Datos Site”), as may be updated by us from time to time; or (ii) sending a message to the email address then associated with the User’s account. Notices we provide by posting on the Site will be effective upon posting and notices we provide by email will be effective when we send the email. It is the User’s responsibility to keep his/her email address current. User will be deemed to have received any email sent to the email address then associated with his/her account when we send the email, whether or not User actually received the email.
      • To give Datos notice under these Terms, User must contact Datos by personal delivery, overnight courier or registered or certified mail to the mailing address, as applicable, listed for the applicable Datos Contracting Party below. Datos may update the address for notices to Datos by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

      Datos Contracting Party Mailing Address:
      #94 Yigal Alon Street, Tel Aviv – Jaffa, Israel