Sanjeevani Electronic Health Record (EHR)

TERMS OF USE

Disclaimer:


Our work only provides basic terms of use. Our work does not cover the legality of your actual product or services, including whether the intended use is compliant with regulations, including but not limited to HIPAA or other privacy laws. We have prepared a separate memorandum that only gives general guidance with regards to HIPAA. We recommend that you seek legal counsel specifically related to compliance with healthcare regulations, HIPAA, and privacy laws and regulations.


Terms & Services


Effective as of: December 19, 2016

Date last updated: December 19, 2016


Introduction and Eligibility


Please read these Terms of Service ("Terms") carefully before using the Sanjeevani Electronic Health Record (EHR) service. This agreement is a legally binding contract. It may change as our business changes, and you agree that you will review the Terms periodically to be aware of changes.


Binding Agreement. These Terms constitute a binding agreement between you and Sanjeevani EHR and its affiliates and subsidiaries ("the Service," "we," "us," "our").


"You" and "users" shall mean all the people that use Sanjeevani EHR.. You accept these Terms by clicking the "I agree" checkbox when you create your profile at our website at www.sanjeevani-ehr.com/, and each time you access the Sanjeevani EHR thereafter. If you do not accept these Terms, you must not use the Service. You must be 18 years of age or older to use this service. This service is only for US residents only.


Revisions to Terms. We may revise these Terms at any time by posting an updated version to this web page. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the Service after a change to these Terms constitutes your binding acceptance of these Terms.


The term "post" and "posting" as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Sanjeevani EHR website. "Personal information" includes name, birth date, gender, address, email address, and photograph of the user.


"Health-related information" means all individually identifiable health information, including information relating to an individual's physical, mental, and emotional health.


"Medical providers" means any entity that provides health related services.


Sanjeevani Electronic Health Record


Sanjeevani Electronic Health Record ("Sanjeevani EHR", "the Service", "we", "us", "our") is a cloud based electronic health record keeping service. This service helps users organize their health records.A person needs to create a profile through the Sanjeevani EHR website, to use the service. Once a profile has been made, the person is considered a user. The user can access their profile using a computer, tablet, cell phone, or any other electronic device that is capable of accessing standard browsers such as firefox, chrome, and internet explorer, or standard mobile platforms such as android, ipod, and Microsoft phone.We provide a platform to store healthrelated information to make it available to you and anyone you personally authorize to access your information. We do not provide or give any medical advice.


"Medical Advice" Sanjeevani EHR does not give medical advice. The Service may provide helpful information to assist but does not make any decisions for you. The information and materials available through the Service are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for professional medical judgment. You assume full risk and responsibility for the use of information you access from or through the Service. You will be solely responsible for the professional and technical services you choose to store in the Service. In addition, we do not recommend or endorse any provider of health care or health-related products, items, or services.


"Screening Users" Sanjeevani EHR does not screen its users or verify information communicated through the users profile, though we have the right to monitor such information. Sanjeevani EHR does not have responsibility for the conduct of users and does not screen or verify the information posted by users. The user provides information at will. It is up to the user to provide clear, accurate, and complete information. Contact us to notify us of inappropriate or illegal conduct or content you encounter on Sanjeevani EHR.


Third-Party Services. Sanjeevani EHR may include certain third-party software and services. Your use of such software or services may require that you enter into separate subscription or licensing agreements with third-party vendors and suppliers. You agree to comply with and, upon request, execute such agreements as may be required for the use of such software or services.


Third-Party Access. Except as required by law and described below, you will not permit any third party to have access to your Sanjeevani EHR account. We have no liability for the consequences to you or other people you allow access to your Sanjeevani EHR account.


Exporting Information from Sanjeevani EHR. You are solely responsible for any healthrelated information exported from Sanjeevani EHR. You represent and warrant that you will export and subsequently use protected health information only as permitted by HIPAA and applicable federal and state law.


Transferring Information into Sanjeevani EHR. You may be able to transfer information from your or a third-party data sources into Sanjeevani EHR. You represent and warrant that you have all necessary authorization for such data transfers and that such data transfers will comply with HIPAA and other applicable federal and state law.


Compulsory Information Disclosure. You will promptly notify us of any order or demand for compulsory disclosure of health-related information if the disclosure requires access to or use of Sanjeevani EHR. You will cooperate fully with us in connection with any such demand.


Data Retention. You are responsible for complying with all state and federal laws related to retention of medical data and records, access and amendment to information, and authorization to release data.


Owner of Account and Health-Related Information. The account holder (the named user) holds the legal rights to the Sanjeevani EHR account and the information posted to Sanjeevani EHR.


Verification. You agree that we may take steps to verify your identity and credentials at any time. You agree that we may use and disclose information, including “Confidential Information,” about you for such purposes, including making inquiry of third parties concerning your identity and professional and practice credentials. You authorize such third parties to disclose to us such information as we may request for such purposes, and you agree to hold them and us harmless from any claim or liability arising from the request for or disclosure of such information. You agree that we may terminate your access to Sanjeevani EHR at any time if we are unable at any time to determine or verify your qualifications or credentials.


Protecting Your Log-In Credentials. As a registered user, you will have log-in information, including a username and password. Your account is personal, and you may not share your account and log-in information with, or allow access to your account by, any other party. As you will be responsible for all activity that occurs under your account and access credentials, you should take care to preserve the confidentiality of your username and password, and any device that you use to access Sanjeevani EHR.


In Case of a Breached Account. You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Sanjeevani EHR support. You will be solely responsible for the losses incurred by Sanjeevani EHR and others due to any unauthorized use of your account that takes place prior to notifying Sanjeevani EHR that your account has been compromised.


Communications


You agree to receive email from us at the email address you provided to us for informational and customer service-related purposes.


Electronic Notices. By using Sanjeevani EHR or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of Sanjeevani EHR. If we learn of a security system's breach, we may attempt to notify you electronically by posting a notice on Sanjeevani EHR or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please contact us.


Sanjeevani EHR's Content Ownership and Use


The contents of Sanjeevani EHR include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Sanjeevani EHR content (collectively, "Sanjeevani EHR Content"). All Sanjeevani EHR Content and the compilation (meaning the collection, arrangement, and assembly) of all Sanjeevani EHR Content are the property of Sanjeevani EHR or its licensors and are protected under copyright, trademark, and other laws.


License to You. We authorize you, subject to these Terms, to access and use Sanjeevani EHR Service and the Sanjeevani EHR Content solely for your personal, non-commercial use, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Sanjeevani EHR Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Sanjeevani EHR Content on any copy you make of the Sanjeevani EHR Content.


Sanjeevani EHR Marks. Sanjeevani EHR, the Sanjeevani EHR logo, and other Sanjeevani EHR logos and product and service names are or may be trademarks of Sanjeevani EHR (the "Sanjeevani EHR Marks"). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the Sanjeevani EHR Marks.


Confidential Information


"Confidential Information" means all Sanjeevani EHR confidential information disclosed to you, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Sanjeevani EHR confidential Information shall include Sanjeevani EHR Service, customer feedback, and information relating to the performance, reliability, or stability of Sanjeevani EHR Service, operation of the Sanjeevani EHR Service, know-how, techniques, processes, ideas, algorithms, and software design and architecture.


Protection of Confidential Information. You shall (i) use the same degree of care that you use to protect the confidentiality of your own confidential information of like kind (but in no event less than reasonable care, (ii) not use any confidential information for any purpose outside the scope of these Terms, and (iii) limit access to your confidential information.


Compelled Disclosure. We may disclose your confidential information if it is compelled by law to do so, provided the we give you prior notice of such compelled disclosure (to the extent legally permitted).


Intellectual Property Rights and Your License to Use


Sanjeevani EHR Claims No Ownership. Sanjeevani EHR may provide you with the ability to create, post, or share content ("Your User Content"). Sanjeevani EHR claims no ownership over Your User Content. You or your third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through Sanjeevani EHR. You are responsible for protecting those rights. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.


Sanjeevani EHR's Use of Posted Content on the Sanjeevani EHR Service. By creating, posting, or sharing Your User Content on or through Sanjeevani EHR, you grant Sanjeevani EHR a perpetual, world-wide, non-exclusive, non-transferable, royalty-free license to use, modify, remove, publish, transmit, or display Your User Content for any, including for the purpose of promoting Sanjeevani EHR and its services. You waive any rights you may have regarding Your User Content being altered or manipulated in any way that may be objectionable to you. Sanjeevani EHR reserves the right to refuse to accept, post, display, or transmit any User Content in its sole discretion.


You Acquire No Ownership of Others' Content or Sanjeevani EHR. You understand and agree that you will not obtain, as a result of your use of Sanjeevani EHR, any right, title, or interest in or to any content or Sanjeevani EHR products, services, or intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) related therein.


You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through Sanjeevani EHR or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of Your User Content on or through Sanjeevani EHR does not violate the privacy rights, publicity rights, copyrights, contract rights, or other intellectual property rights, or any other rights of any person, and (iii) the posting of Your User Content on Sanjeevani EHR does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through Sanjeevani EHR.Sanjeevani EHR contains content from users and other Sanjeevani EHR licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through Sanjeevani EHR.


Copyright Policy


The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on Sanjeevani EHR infringe your copyright, you (or your agent) may send Sanjeevani EHR a "Notification of Claimed Infringement" requesting that the material be removed, or access to it blocked. The notice must include the following information:


  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
  2. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on Sanjeevani EHR are covered by a single notification, a representative list of such works);
  3. Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Sanjeevani EHR to locate the material on Sanjeevani EHR;
  4. Your name, address, telephone number, and email address (if available);
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Sanjeevani EHR a counter-notice.


Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to Sanjeevani EHR should be sent to Sanjeevani EHR support.


Consult your legal advisor and see 17 U.S.C. Section 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.


Suggestions and Submissions


Sanjeevani EHR appreciates hearing from its users and welcomes your comments regarding our Service. Please be advised, however, that Sanjeevani EHR does not accept or consider creative ideas, suggestions, inventions, or materials ("creative ideas") other than those which we have specifically requested. While Sanjeevani EHR values your feedback on our services, please be specific in your comments and do not submit creative ideas. If, despite this request, you send Sanjeevani EHR creative ideas, Sanjeevani EHR shall:


  1. own, exclusively, all now known or later discovered rights to the creative ideas;
  2. not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
  3. be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

User Content Disclaimers, Limitations, and Prohibitions


We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by users ("User Content"). You accept that any reliance on material posted by other users, vendors, or suppliers will be at your own risk. By using Sanjeevani EHR you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.


You are solely responsible for Your User Content on Sanjeevani EHr. Sanjeevani EHR does not endorse any, nor is it responsible for, User Content on our website. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.


You agree to use Sanjeevani EHR only for its intended purpose and in an authorized manner. You must use Sanjeevani EHR in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of Sanjeevani EHR are prohibited. You may not:


  1. attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to Sanjeevani EHR, user accounts, or the technology and equipment supporting Sanjeevani EHR;
  2. frame or link to Sanjeevani EHR without permission;
  3. use data mining, robots, or other data gathering devices on or through the Sanjeevani EHR, unless specifically allowed by these Terms;
  4. post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
  5. disclose personal information about another person or harass, abuse, or post objectionable material;
  6. sell, transfer, or assign any of your rights to use Sanjeevani EHR to a third party without our express written consent;
  7. post advertising or marketing links or content, except as specifically allowed by these Terms;
  8. use Sanjeevani EHR in an illegal way or to commit an illegal act in relation to Sanjeevani EHR or that otherwise results in fines, penalties, and other liability to Sanjeevani EHR or others; or
  9. access Sanjeevani EHR from a jurisdiction where it is illegal or unauthorized.

Consequences of Violating These Terms


We reserve the right to suspend or terminate your account and prevent access to the Sanjeevani EHR for any reason, at our discretion. We reserve the right to refuse to provide our services to you in the future.


We may review and remove any User Content at any time for any reason, including for activity which, in our sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of Sanjeevani EHR.


You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of Sanjeevani EHR.


Sanjeevani EHR changes and updates


Changes to Sanjeevani EHR. We may update, change, suspend, or discontinue any aspect of Sanjeevani EHR at any time, including hours of operation or availability of the Sanjeevani EHR or any feature, without notice or liability.


User Disputes. We are not responsible for any disputes or disagreements between you and any third party with whom you interact using Sanjeevani EHR. We are also not responsible for disputes or disagreements between you and any patient with or for whom you or the patient have used Sanjeevani EHR. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Sanjeevani EHR of all claims, demands, and damages in disputes among users of our service. You also agree not to involve us in such disputes. Use caution and common sense when using Sanjeevani EHR.


Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of stored using Sanjeevani EHR, including health-related information. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from third-party vendors or suppliers, or the quality or nature of third-party products or services obtained through Sanjeevani EHR. Use Sanjeevani EHR at your own risk. We make no promises and disclaim all liability of specific results from the use of Sanjeevani EHR.


Released Parties Defined. "Released Parties" include Sanjeevani EHR and our affiliates, officers, employees, agents, partners, and licensors.


DISCLAIMER OF WARRANTIES


YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF SANJEEVANI EHR IS AT YOUR SOLE RISK, AND SANJEEVANI EHR IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON SANJEEVANI EHR, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) SANJEEVANI EHR WILL MEET YOUR REQUIREMENTS, (ii) SANJEEVANI EHR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON SAJEEVANI EHR WILL MEET YOUR EXPECTATIONS, (v) SANJEEVANI EHR CURRENCY HAS ANY VALUE, AND (vi) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SANJEEVANI EHR IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL


LIMITATION OF LIABILITY AND INDEMNIFICATION


YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU OR YOUR PATIENTS FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SANJEEVANI EHR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SANJEEVANI EHR; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF SANJEEVANI EHR; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON SANJEEVANI EHR; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO SANJEEVANI EHR. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH SANJEEVANI EHR OR YOUR USE OF SANJEEVANI EHR CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.


You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Sanjeevani EHR Content or the use of Sanjeevani EHR Service, (iii) any activity on Sanjeevani EHR under your log-in credentials, or (iv) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.


General Terms


These Terms constitute the entire agreement between you and Sanjeevani EHR concerning your use of the Sanjeevani EHR Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.


Arbitration, Class Waiver, and Waiver of Jury Trial


These Terms and the relationship between you and Sanjeevani EHR shall be governed by the laws of the state of California without regard to its conflict of law provisions. You and Sanjeevani EHR agree to submit to the personal and exclusive arbitration of any disputes relating to your use of Sanjeevani EHR Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in Santa Clara county in the state of California. You covenant not to sue Sanjeevani EHR in any other forum.


You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Service or this Agreement:


Contact Information

Sanjeevani EHR