Last Revision Date: January 17, 2024
The Veris Cancer Care Platform Application ("Licensed Application") is provided by Veris Health Inc. (together with our affiliates, “Veris” or “we”), a subsidiary of PAVmed Inc. (“PAVmed”). The Licensed Application is meant for use with the core digital components distributed by Veris (the “Components”) that transmit a patient’s device data to the Veris Cancer Care Platform via the patient's mobile device and the Components prescribed by the patient's physician. These Terms of Use apply to patients, individuals who have been granted access to a patient’s device data by a patient, and individuals employed by or otherwise associated with a healthcare provider who need access to such data in connection with the provision of healthcare services to the patient. By installing or using the Licensed Application, you agree to the terms and conditions in these Terms of Use (this "Agreement") and, if you are not a patient, you acknowledge and confirm that you have been authorized by the applicable patient to access their device data through the Licensed Application.
These Terms of Use were last revised as of the date set forth above. We may change these Terms of Use at any time and for any reason and will duly inform you of any substantial changes. By using the Licensed Application, it means you accept the most recent version of the Terms of Use and any subsequent version thereof, whether or not we have informed you of any substantial changes.
The Components and this Licensed Application do not render medical advice. The Licensed Application content is not in any way a substitute for professional medical examination or assessment of a patient's condition by a healthcare professional. All content is provided for information purposes only to support collaboration between a healthcare professional and their patient. This Licensed Application is not intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease. Do not rely on content, guidelines, products or any other service offered by or through the Components or this Licensed Application for making a medical or clinical diagnosis or decision, or for prescribing management or treatment for a patient's condition. If you are a patient, you should always talk to a qualified medical provider about any questions you may have about a medical condition, symptoms, or your health. Any decisions you, as a patient, make affecting your health should always be made in consultation with a medical provider, and not on the basis of the information made available through the Licensed Application. If you are a patient, you should not delay obtaining medical advice or disregard medical advice because of something you have or have not read on the Licensed Application.
Limited License Grant. Veris owns all right, title, and interest to, including all intellectual property rights in, the Licensed Application and grants to you solely a nonexclusive, nontransferable, nonassignable, nonsublicensable, worldwide, perpetual license to install and use a copy of the Licensed Application on your compatible mobile device solely to utilize the Components. You may not copy, modify, reverse engineer, decompile, disassemble, otherwise attempt to derive the source code from, create derivative works based on, or integrate with other computer systems or programs the Licensed Application without the prior written consent of Veris.
Veris Cancer Care Platform Terms of Use. (This paragraph applies to patients only.) You acknowledge that Veris provides a service to individuals who you have granted access to your device data, and individuals employed by or otherwise associated with a healthcare provider who need access to such data in connection with the provision of healthcare services to you, that enables them to remotely and securely access your device data that is sent to the Veris Cancer Care Platform using the Licensed Application. In addition, you acknowledge and agree that you will not invite any friends, family or other person to have access to your account and device data on the Veris Cancer Care Platform through the Licensed Application, unless such person has formally or informally agreed with you to be invited by you or Veris to have such access. You acknowledge that Veris has not required such individuals to be bound by any non-use or non-disclosure obligations with respect to such information, other than individuals employed by or otherwise associated with a healthcare provider who need access to such data in connection with the provision of healthcare services to you, who are subject to a Business Associate Agreement as discussed below.
Business Associate Agreement. (This paragraph applies only to United States residents.) Veris also has an agreement with each patient’s health care provider known as a Business Associate Agreement that is intended to protect the security and privacy of the device data that is transmitted using the Licensed Application as required by HIPAA, and if you are a patient, you should consult your physician if you have questions about the Business Associate Agreement. If you are an individual employed by or otherwise associated with a healthcare provider who needs access to such data in connection with the provision of healthcare services to a patient, you hereby agree to be bound by the terms of the Business Associate Agreement to which your employer is a party, a copy of which may be provided to you upon request. You also agree that the device data that is transmitted to the Veris Cancer Care Platform using the Licensed Application will be governed by the Business Associate Agreement. The purpose of this Agreement is to highlight certain important conditions of your use of the Licensed Application and is not intended to alter or contradict the Business Associate Agreement.
(This paragraph applies only to patients who are residents of Canada, Japan, Mexico, Australia and New Zealand.) You acknowledge that as part of a group of companies located in many different countries, Veris may disclose your personal data to a Veris company or database overseas. The countries to which we are likely to disclose your data include the United States. In disclosing data offshore, Veris ensures that the use and disclosure of the personal information transferred is dealt with in accordance with the safeguards under the provincial, state and/or federal privacy laws (as applicable, per jurisdiction).
(This paragraph applies only to patients who are residents of People's Republic of China.) You do not give up any of your legal rights under PRC law on the Protection of Rights and Interests of Consumers by agreeing this Terms of Use. You are entitled to be compensated if your personal safety or property is harmed as a result of purchase or use of goods or receipt of service rendered.
Your Mobile Device. You have sole responsibility for any fees or charges, including data charges, incurred by you in connection with your use of the Licensed Application. You also consent to the receipt of text messages from Veris (or its software administrator) as part of any authentication of your identity in connection with your registration on, or other use of, the Licensed Application. Veris is not responsible for the suitability, functionality and performance of either your mobile device or your internet or cellular connectivity. You must use a commercially released mobile device that has not been modified and is compatible with the Licensed Application that you install. You agree you are solely responsible for the security of your mobile device, its passwords and any usage or activities that occur in connection with the Licensed Application and your mobile device. You must ensure that your mobile device has the capability to guard against infection by unauthorized software, such as viruses and malware. You agree to use the Licensed Application only for legitimate purposes and not for any malicious purpose.
Security/Privacy. You acknowledge that a log in is required to access the Licensed Application. The Licensed Application will continue to run unless you delete the application. The Licensed Application does not transmit data if you are not logged in. You further acknowledge that you are solely responsible for maintaining the confidentiality and security of any data available via the Licensed Application on your mobile device, including by using a user ID and password credentials for your access to the Licensed Application that is not known to or discoverable by third parties. You should review our privacy statement to understand how Veris protects and uses information about you gathered through this Licensed Application.
Reporting Issues and Feedback. You agree that you will report any issues, technical or otherwise, regarding the Licensed Application promptly and directly to Veris. If you submit any comments or ideas to Veris, in the absence of a separate agreement regarding such submissions, you grant to Veris an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such ideas in any medium and agree that Veris is free to use them for any purpose.
Longevity Data. You understand that the Licensed Application will provide you with information about the estimated average longevity of the applicable patient’s Components. This estimate should NOT be used when making a decision around the replacement of any Components. Please refer to the Components’ labelling and the patient’s healthcare provider for more information about a patient’s Components’ estimated average longevity and Component replacement.
Notifications. You understand that in order for you to receive notifications from the Licensed Application in a timely manner, you must have notification functionality enabled on your mobile device for this Licensed Application. If you sign up to receive electronic protected health information (ePHI) via notifications, you accept certain risks, including transmission to the wrong recipient or interception and access by a third party, which may result in harm to you.
Manual Data. You understand that you are solely responsible for ensuring that the information you manually enter into the Licensed Application is accurate.
You understand that the Licensed Application may allow you to set certain indicators whereby you can have the Licensed Application alert you if any of the applicable patient’s physiological metrics measured by the Licensed Application exceed the default thresholds or the thresholds you choose in the Licensed Application. You understand that these alerts will not be visible to a patient’s healthcare provider or any other authorized user and is not a substitute for medical monitoring or visits with a patient’s healthcare provider. In the event of a medical emergency, a patient should call his/her healthcare provider or an emergency call number immediately.
Server Maintenance. You understand that if a server supporting the Licensed Application or the Veris Cancer Care Platform is down for maintenance or otherwise, the Licensed Application’s functionality will be limited until maintenance is complete. For example, you will not be able to send transmissions until maintenance is complete.
Medical Device Identification Card. You acknowledge that the Licensed Application does not replace any medical device identification card or medical records. We recommend that a patient always carry his/her medical device identification card with them, in order to identify them as having an implanted device. If you are a patient, please refer to your physician and medical records for questions about your medical condition.
Deleting Your Account; Chat Features; Data Retention. If you want to disable or permanently delete your account, you may use the delete account feature within the Licensed Application or submit your request to support@verishealth.com. When you request to delete your account, the deletion process will automatically begin no more than 30 days after your request. It may take up to 90 days to complete the deletion process (or, with respect to any information associated with your account necessary for billing purposes of your health care provider, as long as necessary for the provider to complete all billing activities associated with the services they provide to you).
Please note that while all data and information associated with your account will remain accessible to you and any other authorized users only so long as your account is active, all communications made through the Licensed Application chat feature will remain available to all users (including clinicians, family members and others) with whom you have communicated using the chat feature so long as their accounts remain active.
If you are in a chat with a member of your clinical care team, the information in the chat may, with your consent, be transferred to another member of your clinical care team if the original clinical care team member ceases to be part of the team providing health care services to you. In any event, if any clinical care team member has their account deactivated, you will still have access to your communications with such individual made through our chat feature, so long as your account is active.
Notwithstanding any disabling or deletion of your account or any information associated therewith, Veris will maintain all such data and information on our server or other data storage system, to the extent required by applicable law, data retention policies or other legal obligations (including any contractual or other obligation with any health care provider who has or had access to such data in connection with the provision of health care services to you). All such data and information so retained shall remain subject to these Terms of Use and our privacy statement below.
Additional Acknowledgements. You acknowledge that the Licensed Application is not the exclusive method to transfer device data to the applicable health care provider. You also acknowledge that the Licensed Application is not intended to be used as a life-sustaining or interventional tool during medical emergencies, or for active monitoring of a patient’s implanted device. You further acknowledge that Veris is not a physician or other provider of patient health care services by virtue of transferring device data via the Veris Cancer Care Platform and the Licensed Application. You also acknowledge that information from the Licensed Application is not an electronic medical record and provides you no access to the device data, or access to the Veris Cancer Care Platform other than the transmission of (but not access to) the device data to the Veris Cancer Care Platform. You acknowledge that a patient’s use of the Licensed Application must be consistent with their physician's instructions and advice. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Limitations of Liability.
(This paragraph does not apply to residents of Australia and New Zealand.) TO THE EXTENT PERMITTED BY LAW AND EXCEPT FOR ANY APPLICABLE EXPRESS WRITTEN WARRANTIES THAT MAY BE PROVIDED IN CONNECTION WITH THE COMPONENTS WITH WHICH THE LICENSED APPLICATION IS INTENDED TO INTERACT, VERIS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE LICENSED APPLICATION AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
VERIS DOES NOT WARRANT THAT THE USE OF THE LICENSED APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VERIS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH THESE TERMS OF USE (WHETHER IN WARRANTY, CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION MEDICAL EXPENSES, LOSS OF REVENUE OR PROFITS, OR DAMAGES RESULTING FROM LOSS, MISAPPROPRIATION, OR UNAUTHORIZED OR MALICIOUS ACCESS TO OR MODIFICATION OF DEVICE DATA, OR FROM MISTAKES, OMISSIONS, OR DELAYS IN TRANSMISSION OF INFORMATION, OR FROM INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS, VIRUSES OR FAILURES OF PERFORMANCE, OR FROM THE IMPACT OF THE USE ON YOUR SYSTEM. IN NO EVENT SHALL VERIS BE LIABLE TO YOU FOR INTERCEPTION OR COMPROMISE OF ANY INFORMATION OR FOR ANY RECORD OR OTHER COMMUNICATION PROVIDED IN CONNECTION WITH YOUR USE OF THE LICENSED APPLICATION.
(This paragraph applies only to residents of Australia and New Zealand.) The Licensed Application comes with guarantees that cannot be excluded under Australian and New Zealand consumer laws. You are entitled to a) a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage and b) to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Term and Modifications. This Agreement is in effect from the date when you first access or install the Licensed Application. Veris may modify, amend, or terminate this Agreement at any time. Veris may modify, disable, or terminate your use or Veris’ support of the Licensed Application at any time.
Government License Right. (This paragraph applies only to United States residents) All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995, is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995, is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-114 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
Miscellaneous. This Agreement constitutes the entire agreement between Veris and you regarding your use of the Licensed Application and supersedes any prior and contemporaneous written or oral agreements or understandings related to the Licensed Application. You may not assign any of your rights or responsibilities under this Agreement without the prior written consent of Veris. Except as expressly provided herein, no person or entity other than Veris and you is or shall be a third party beneficiary of this Agreement or otherwise entitled to bring any action to enforce any provision of this Agreement against Veris or you. This Agreement shall be governed by and interpreted, construed, and enforced in accordance with the laws of the State of New York without regard to conflict of law principles. In the event that any provision of this Agreement may be in conflict with any applicable law or regulation, such provision shall be ineffective to the extent of such conflict without invalidating any other provision of this Agreement. No provision of this Agreement may be waived except by an agreement in writing signed by the waiving party. A waiver of any terms or provisions shall not be construed as a waiver of any other term or provision. All obligations which are ongoing in nature shall survive termination or expiration of this Agreement.
Additional Terms. The following terms also apply to the installation and use of the Licensed Application:
1. Acknowledgement: You acknowledge that this Agreement is between you and Veris only, and not with Apple, and that Veris, not Apple, is solely responsible for the Licensed Application and the content thereof.
2. Scope of License: You are granted a non-transferable license to use the Licensed Application on an iPhone OS Product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
3. Maintenance and Support: You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application. Any maintenance and support services provided by Veris shall be at Veris’ sole discretion.
4. Warranty: In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Licensed Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Veris’ sole responsibility (subject to any limitations on Veris’ liability set forth above).
5. Product Claims: You acknowledge that (subject to any limitations on Veris’ liability set forth above) Veris, not Apple, is responsible for addressing any claims of yours or any third party relating to the Licensed Application or your possession and/or use of that Licensed Application, including, but not limited to the following: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
6. Intellectual Property Rights: You acknowledge that, in the event of any third party claim that the Licensed Application or your possession and use of that Licensed Application infringes that third party's intellectual property rights, Veris (subject to any limitations on Veris’ liability set forth above), not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer Name and Address: Any questions, complaints or claims with respect to the Licensed Application should be directed to the following:
Veris Health Inc.
360 Madison Avenue, 25th Floor
New York, NY 10017
support@verishealth.com
9. Third Party Terms of Agreement: You must comply with any applicable third party terms of agreement when using the Licensed Application.
10. Third Party Beneficiary: You acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary.
The exclusions and limitations set out above are not intended to, and should not be construed so as to, contravene mandatory provisions of applicable law. If any part of this Agreement is held by any court of competent jurisdiction to be illegal, unenforceable, or in conflict with applicable law, the validity of the remaining portion of Agreement shall not be affected, and all rights and obligations shall be construed and enforced as if this Agreement did not contain the particular part or term held to be invalid.
