SIGMIFY-HEALTH is a set of applications for Care Recipient Engagement for use by employees and business associates of Companies (hereinafter referred to as “Tenant”) and by Individual Users like Care Recipients and their Caregivers.
SIGMIFY-HEALTH is a SaaS (Software as a Service) platform for Patient Engagement. SIGMIFY-HEALTH facilitates conversations about, collaboration around and recording of information on different Determinants of Health like, but not limited to, Consult For an episode, Medication, Lab Tests, Diet & Nutrition, Surveys, Care Planning, Exercise and Therapy, Appointment and Transportation, Education, and General Conversations related to different aspects of Health.
This list of applications may change as SIGMIFY-HEALTH is developed over time. Applications and features are likely to evolve in future, and such changes will be an integral part of SIGMIFY-HEALTH. Various third-party applications are likely to be integrated with SIGMIFY-HEALTH. All these current and future application(s), features and integration ingterfaces will be incorporated into and considered a part of SIGMIFY-HEALTH.
SIGMIFY-HEALTH and its derivatives have been developed by BISIL and that BISIL has the rights to license SIGMIFY-HEALTH.
There are 3 different types of users (“Roles”) who use SIGMIFY-HEALTH. These are –
Care Recipients – Individual Users who are a recipient of healthcare services. Most users could assume this role in SIGMIFY-HEALTH.
Caregivers – Individual Users in patient’s social network including family, friends, neighbours, any other social groups who may be unpaid or paid and who helps the patient with activities of providing care to patients who are ill, disabled or aged family members or friends.
Care Providers -These would typically be employees and business associates of Tenant Organizations. Some examples are:
- Doctors, Physicians
- Care Managers
- Social Workers
- Care Coordinators
- Other Healthcare Worker
A user can have multiple Roles in SIGMIFY-HEALTH, for example a user could be a Care Recipient as well as a Caregiver to another user who is a Care Recipient.
A user can have multiple Roles in SIGMIFY-HEALTH, for example a user could be a Care Recipient as well as a Caregiver to another user who is a Care Recipient.
Your Rights and Obligations as a User of SIGMIFY-HEALTH
We provide SIGMIFY-HEALTH to you subject to these Terms.
1. The latest Terms. When accessing the Website you shall be subject to any posted guidelines or rules applicable to the Website, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms. The latest Terms are always available for download from the appropriate location on the Website.
4. License to Use. You are granted a limited, non-exclusive, non-transferable license to access and use SIGMIFY-HEALTH at any time using an access control authentication process for your exclusive, from the date of acceptance of these Terms until Your Account has been terminated.
5. User Content Guidelines. The following terms apply to content submitted by you:
a. The Website may contain comments sections, discussion forums, or other interactive features (“Interactive Areas”) in which you may post or upload user-generated content, comments, video, photos, messages, other materials or items (collectively, “User Content”). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. Interactive Areas are available for individuals aged 18 years or older. By submitting User Content to an Interactive Area, you represent that you are 18 years of age or older and, if you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent or legal guardian to enter into these Terms, submit content, and participate on the Website.
b. By submitting any User Content or participating in an Interactive Area within or in connection with the Website, you agree that you will not upload, post or otherwise transmit any User Content that
i. Violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others
ii. You know to be false, misleading or inaccurate
iii. Contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity
iv. Contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd
v. Violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them
vi. Advocates violent behavior
vii. Poses a reasonable threat to personal or public safety
viii. Contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitative, prurient, or gratuitous purposes
ix. Is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by SIGMIFY-HEALTH, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Websites
x. Does not generally pertain to the designated topic or theme of any Interactive Area
xi. Contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation; or
xii. Uses the name or likeness of an identifiable natural person without such person’s consent. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by SIGMIFY-HEALTH, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Websites.
c. You agree not to represent or suggest, directly or indirectly, SIGMIFY-HEALTH endorsement of User Content.
d. You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component.
e. You agree not to use any technology, service or automated system to post more User Content than an individual could upload in a given period of time. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
6. User Conduct Guidelines. The following terms apply to your conduct when accessing or using the Websites. You agree
a. Not to interfere with or disrupt the Websites or the servers or networks connected to the Websites, or disobey any requirements, procedures, policies or regulations of networks connected to the Websites;
b. Not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Websites, use of the Websites, or access to the Websites;
c. Not to engage in any activity that would constitute a criminal offense or give rise to a civil liability;
d. Not to impersonate any person or entity, including, but not limited to, SIGMIFY-HEALTH or any SIGMIFY-HEALTH employee, or falsely state or otherwise misrepresent your affiliation with any person or entity; and
e. Not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about users of the Websites or posting private information about a third party.
7. Privacy, Rights and Access Privileges. Your rights and privileges as a user of SIGMIFY-HEALTH, i.e. access to different functionalities of SIGMIFY-HEALTH and User Content depends on your role(s) in SIGMIFY-HEALTH, i.e. whether you are a Care Recipient, a Caregiver or a Care Provider or a combination thereof. In general
a. As a Care Recipient. You have full rights to provide access to your User Content related to any aspect of your care. This access can be provided by Care Recipient to a Caregiver or a Care Provider.
b. As a Caregiver. You have the rights, at your discretion, to share access with other Caregivers or Care Providers to the User Content that you have been provided access to. You should exercise care while sharing this User Content. You should remember that this User Content is Private and Confidential information and is subject to safeguards of laws like HIPAA and should be shared only on a ‘need to know’ basis. You have an obligation to safeguard User Content to which you have been granted access.
c. As a Care Provider. You have the rights, at your discretion, to share access with other Caregivers or Care Providers to the User Content that you have been provided access to. You should exercise care while sharing this User Content. You should remember that this User Content is Private and Confidential information and is subject to safeguards of laws like HIPAA and should be shared only on a ‘need to know’ basis. You have an obligation to safeguard User Content to which you have been granted access. Further, by registering as a Care Provider you agree that you will be the first point of contact for Care Recipients and their Caregivers in case they have any questions related to SIGMIFY-HEALTH.
8. Ownership of your User Content. We do not claim ownership of your User Content. We are under no obligation to use any User Content and may remove any User Content from the Website at any time at our sole discretion. You understand and expressly agree that we assume no responsibility or liability for your User Content and that you are solely and entirely responsible for any User Content. By posting, uploading, inputting, providing or submitting your User Content you warrant and represent that you own or otherwise control all of the rights to your User Content as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the User Content. You warrant that any User Content will not infringe the intellectual property rights of or otherwise violate the rights of any third party. We do not control the User Content you post and as such assume no responsibility for the accuracy, integrity or quality of such Submissions.
9. Not a healthcare or professional consultation service. No information on this website is a substitute for obtaining specific medical, legal, financial or other professional or licensed services advice directly applicable to your situation. You should not rely on any information as a substitute for such services or advice. The use of any information provided on this website is solely at your own risk. Nothing stated or posted on this website or available through any services is intended to be, and must not be taken to be the practice of Medicine or law or any other professional licensed services.
10. Support and feedback. Your first point of contact is your Care Provider. They will be your first point of contact and will provide you support related SIGMIFY-HEALTH. Please direct all your questions to them.
11. Termination. You have full rights to deactivate Your Account at any time. This will also revoke your login privileges to SIGMIFY-HEALTH thereby denying access to all the features and fucntionality of SIGMIFY-HEALTH and to any User Content that you may have had access to.
We provide SIGMIFY-HEALTH to you subject to the following.
2. Changes to Website. We may change or discontinue any aspect, service or feature of the Website at any time, including, but not limited to, content, availability, and equipment needed for access or use.
4. Intellectual Property Rights. All text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, music, videos, artwork, software and computer code (collectively, “Content”), including but not limited to the “look and feel”, layout, design, structure, color scheme, selection, combination and arrangement of the Content present on the Websites is owned by or licensed to us. Such Content is protected by copyright, trademark, trade dress and various other intellectual property and unfair competition laws.
Except with our express prior written permission or as permitted by applicable laws, you may not copy, distribute, reproduce, mirror, frame, publicly display, publicly perform, translate, create derivative works of, re-publish or transmit the Websites or Content (in whole or in part) in any way or through any medium for distribution, publication or any commercial purpose.
You may display, copy and download Content from the Websites solely for your personal and non-commercial use provided that:
a. You do not remove any copyright or proprietary notice from the Content;
b. Such Content will not be copied or posted on any networked computer or published in any medium; and
c. No modifications are made to such Content.
5. User Content guidelines for us.
a. Any conduct that we, in our sole discretion, believe restricts or inhibits anyone else from using or utilizing the Websites will not be permitted. We reserve the right, in our sole discretion, to remove or edit User Content submitted by you.
b. We are not responsible for the accuracy or credibility of any User Content, and do not take any responsibility or assume any liability for any actions you may take as a result of reading User Content posted on the Websites. Through your use of Interactive Areas, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using Interactive Areas, you assume all associated risks.
c. We have the right, but not the obligation, to monitor User Content posted or uploaded to the Websites to determine compliance with these Terms and any operating rules established by us and to satisfy any law, regulation or authorized government request. Although we have no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to the Websites, we reserve the right, and have absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to the Websites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Websites at your sole cost and expense. The decision by SIGMIFY-HEALTH to monitor and/or modify User Content does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on our part in connection with or arising from your use of Interactive Areas on the Websites.
d. By submitting User Content to the Websites, you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to use deidentified data for analysis purposes to improve the services provided by the website and any current and future derivative works in any form, media or technology now known or hereafter developed, without payment to you or to any third parties. Additionally, to the fullest extent permitted under applicable law, you waive your moral rights in the User Content and agree not to assert such rights against us. You represent and warrant to us that you have the full legal right, power and authority to grant to us the license provided for herein, that you own or control the complete exhibition and other rights to the User Content you submitted for the purposes contemplated in this license and that neither the User Content nor the exercise of the rights granted herein shall violate these Terms, or infringe upon any rights, including the right of privacy or right of publicity, or constitute a libel or slander against, or violate any common law or any other right of, or cause injury to, any person or entity. You further grant to us the right, but not the obligation, to pursue at law any person or entity that violates your or our rights in the User Content by a breach of these Terms.
6. Protection of User Content. We work to protect your User Content from loss, misuse or unauthorized alteration by using industry-recognized security safeguards, coupled with carefully developed security procedures and practices. We use both internal and external resources to review our security procedures. Transmission of all User Content is treated as sensitive and is done using encryption technology to keep it secure. Our team members are trained and required to safeguard your information.
a. To provide and maintain SIGMIFY-HEALTH Service
b. To notify you about changes in SIGMIFY-HEALTH
c. To provide Customer Support
d. To allow you to participate in various features of SIGMIFY-HEALTH when you choose to do so
e. To gather analysis or valuable information so that we can improve our SIGMIFY-HEALTH
f. To monitor the usage of our SIGMIFY-HEALTH
g. To detect, prevent and address technical issues
h. To provide you with related news and general information
i. We do not sell or rent your User Content to anyone.
j. We do not disclose User Content to anyone outside of our team. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.
k. Under certain circumstances, we may be required to disclose your User Content if required to
i. Do so by law or in response to valid requests by public authorities like a court or a governmental agency
ii. Comply with a legal obligation
iii. Protect and defend the rights of property of SIGMIFY-HEALTH or BISIL
iv. Prevent or investigate possible wrong doing in connection with our Service
v. Protect the personal safety of users of the Services or the public
vi. Protect against legal liability
8. Termination. We may terminate or suspend these Terms at any time without notice to you. Without limiting the foregoing, we shall have the right to immediately terminate Your Account thereby terminating your access to the Websites in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms. The provisions of clauses 4 through 7 (of this section – Our Rights and Obligations) shall survive termination of these Terms.
1. Disclaimer of Warranty; Limitation of Liability.
a. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITES IS AT YOUR SOLE RISK. SIGMIFY-HEALTH, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS DO NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITES, NOR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITE.
b. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.
c. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL SIGMIFY-HEALTH, OR ITS CURRENT OR FUTURE PARENT OR AFFILIATED COMPANIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE WEBSITE OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE WEBSITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE WEBSITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF SIGMIFY-HEALTH OR CURRENT OR FUTURE PARENT OR AFFILIATED COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT SIGMIFY-HEALTH OR FUTURE PARENT OR AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITES OR ANY OTHER THIRD PARTIES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
d. We disclaim any and all liability of any kind for any unauthorized access to or use of your personally identifiable information.
By accessing the Website, you acknowledge and agree to our disclaimer of any such liability. If you do not agree, you should not access or use the Website.
2. Indemnification. You agree to defend, indemnify and hold harmless SIGMIFY-HEALTH, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Websites by you. SIGMIFY-HEALTH reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide SIGMIFY-HEALTH with such cooperation as is reasonably requested by SIGMIFY-HEALTH.
3. Governing Law. Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Websites, and/or the provision of content, services, and/or technology on or through the Websites shall be governed by the laws of the Commonwealth of Pennsylvania without giving effect to any rules of conflicts of law. Please report any violations of these Terms to SIGMIFY-HEALTH through the support link or email ID – firstname.lastname@example.org.
4. Copyrights and Copyright Agent. We respect others’ intellectual property rights, and expect our users and customers to do the same. If you believe that your work has been copied on the Websites in a way that constitutes copyright infringement, please report it back to email@example.com . We reserve the right to terminate access to the Websites for users or customers who post material that infringes the intellectual property rights of others.
5. Miscellaneous. These Terms and any operating rules for the Website established by us constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms are for the benefit of the SIGMIFY-HEALTH, its affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms will remain binding upon the parties. The section headings used herein are for convenience only and shall not be given any legal import. The provisions of this Section (“All other legal matters”) shall survive termination of these Terms.