ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS OF USE (“Terms and Conditions of Use”) IS REQUIRED BEFORE YOU CAN ACCESS THE INFORMATION ON OR USE THE SERVICES PROVIDED BY GECKO HEALTH INNOVATIONS, INC. CAREFULLY READ ALL OF THE TERMS AND CONDITIONS OF USE BEFORE PROCEEDING. IF YOU DO NOT ACCEPT SUCH TERMS AND CONDITIONS OF USE BY INDICATING YOUR ACCEPTANCE BELOW, YOU WILL NOT BE PERMITTED TO ACCESS OR USE THE GECKO SYSTEM AS DEFINED BELOW. THESE TERMS AND CONDITIONS OF USE ARE APPLICABLE TO ALL USERS OF THE SYSTEM AND ARE LEGALLY BINDING.
The Gecko Health Innovations, Inc. ("Gecko") CareTRxTM System consists of an inhaler sensor (“Sensor”), mobile and web applications (“Application”), and our associated website (“Site”). For ease of reference, the CareTRx System, including all of the features and functionality of the Sensor, Application, and Site, together with all of its content (whether accessible wirelessly, electronically or downloadable for printing), shall be referred to herein as the "System," and all services provided by or otherwise made available to you by the System shall be referred to herein as the "Services." By using the System you assume the risks associated with using the System.
Throughout these Terms and Conditions of Use, the terms "user," "you," and "your" refer, individually and collectively, to each and all users of the System (regardless of the means by which you access the System) including, without limitations, patients, members of a health plan, healthcare service providers or payers, disease management organizations, case managers, and all other individuals who are involved in the management or care of one or more patients.
If you think you have a medical emergency, call your doctor or dial the emergency services.
Gecko Health Innovations, Inc. ("Gecko") offers CareTRxTM, a connected device and a simple software that empower patients as well as their caregivers to better manage chronic conditions such as asthma. CareTRx allows patients and other stakeholders to monitor usage online on their phones, tablets or computers. We maintain and manage the patients’ and caregivers’ data on their behalf. Our System liaises with caregivers and health care providers (i.e., your physician) only at your direction.
To obtain access to the System and certain Services, you may be required to obtain an account with Gecko by completing a registration form and designating an electronic mail address and password. When registering with Gecko you must: (a) provide true, accurate, current and complete information about yourself as requested by the Service's registration form, and (b) maintain and promptly update your registration or profile data to keep it true, accurate, current and complete.
To utilize the Services, you must be 18 years of age or older, register with a user account on the Application or Site and designate an electronic mail address and password, and agree to the terms in this Terms and Conditions of Use. By entering any information on the System, you represent and warrant that: (i) you are at least 18 years of age; (ii) you are using your actual identity; (iii) you have provided only true, accurate, current and complete information as requested by the registration form; and (iv) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete.
You confirm that you have understood and agree to the following:
Gecko has no responsibility for access, use or disclosure of your data by people you authorize to have access to your user account. You expressly consent to the access and disclosures outlined in the applicable section.
After you register a user account through our Application or Site, you may activate and attach the Sensor to an inhaler. The Sensor detects and logs when the inhaler is actuated and uploads the data to our central server through the Application. The Sensor is battery operated and you will be notified in the Application when the battery is low. In addition, you may choose to program the Sensor to illuminate at specified times as a medication reminder. The Sensor is packaged with instructions.
The Gecko Service is intended for you to use to store personal health related information and to help you manage your disease or the disease of someone under your care. The materials provided in the Application and Site is for informational purposes only and should never be relied upon for specific medical advice. We are not a licensed medical care provider and have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. Nothing on our Application or Site constitutes the establishment of a physician-patient relationship between you and Gecko. No information provided through the Services is intended to diagnose, treat, or cure any patient, or to otherwise be used or considered as medical advice, a medical opinion, or the practice of medicine. Always consult your personal physician or other professional health care provider when seeking individualized treatment regarding your asthma or other medical diagnosis or condition. Never disregard medical advice or delay seeking it because of something you may have read on our Application or Site.
The Application can be installed on your Android or iOS device (e.g. mobile phone or tablet) and may be paired with the Sensor. Data collected from your sensor and stored on our servers are processed to a format that allows you to view the data on the Application and Site.
We may issue Sensor, Application, or Site updates, patches and fixes (collectively, "Updates"). If and when we issue Updates, we may, but are not required to, make such Updates available to you. The Updates shall be governed by the terms of this Terms and Conditions of Use. We may also determine that in order to provide you with new Updates, you will need to review this Terms and Conditions of Use (as may be amended by us at our discretion) again and accept it again, before you are permitted to access, use, download and/or install any such Updates. If your continued use of the Services is conditional upon your acceptance of any Updates that we provide and you refuse to accept the Updates by refusing to select the “I AGREE” checkbox, your license to use the Services terminates on the day of your refusal.
We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the System, including, but not limited to, content, features, or hours of availability. We may also impose limits on certain features of the System or restrict your access to part or all of the System without notice or penalty. We may suspend or terminate your account or your use of the System at any time, for any reason or for no reason at all.
Reference to any product or service on the System does not constitute an offer to sell or supply that product or service and does not mean that the product or service is available. PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE SYSTEM ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service on the System does not imply that the product or service is presently available or that we endorse that product or service or that the owner of such product or service endorses the System or the Services.
You agree to maintain the strict confidentiality of your account and any passwords and assume responsibility for anyone who you provide your account and password information to. At no time will an employee of Gecko ask for your password via email. If you believe your account and/or password have been compromised as a result of unauthorized access to the Application or Site, notify us as soon as possible by contacting us at firstname.lastname@example.org.
We cannot and will not be liable for any loss or damages arising from your failure to comply with these obligations. Further, you may be responsible for any damages we sustain as a result of unauthorized access to the Application or Site.
We do not actively offer interactive online community features as part of the System. Patients, caregivers, and providers have the limited ability to interact directly, however. In this limited circumstance, therefore, the System may permit you to create and upload text, information and content (collectively, "User Content"), including text, emoticons, images, photos, audio, video, location data, and all forms of data communication that you submit or transmit to, through, or in connections with these Services. You may not imply that User Content is any way sponsored or endorsed by Gecko.
You are entirely responsible for all User Content, including ensuring that any User Content does not infringe any intellectual property or other right of any entity or person (alive or deceased), including, without limitation, the violation of anyone’s copyrights or trademarks or their rights of publicity. We do not control any User Content and, as such, do not guarantee the accuracy, integrity, or quality of any User Content and are not liable for any errors or omissions in any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content. Gecko reserves the right to remove any text, information or content uploaded by you that it determines infringes on any other party’s copyrights, trademarks, trade secrets, and/or other intellectual property rights, or that Gecko otherwise determines is inappropriate.
You must not use the Service to harm others or the Service. For example, you must not use the Service to harm, threaten, or harass another person, organization, or user of the Service, or to build a similar service or website. You must not: damage, disable, overburden, or impair the Service (or any network connected to the Service); resell or redistribute the Service or any part of it; use any unauthorized means to modify, reroute, or gain access to the Service or attempt to carry out these activities; or use any automated process or Service (such as a bot, a spider, or periodic caching of information stored by the System) to access or use the Service.
In addition, you promise that you will not and will not encourage or assist any third party to:
Gecko reserves the right, in its sole discretion, to deactivate, change or require you to change your user account, passwords, and any custom or vanity URLs, custom links, or vanity domains you may obtain through the Services for any reason or for no reason. Gecko may exercise such right at any time, with or without prior notice. Gecko makes all judgments concerning the applicability of these guidelines in our sole and exclusive discretion. Gecko reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance will not dictate or limit our response to a future complaint. We will not assume or have any liability for any action or inaction with respect to any Content.
We retain the right to block or otherwise prevent delivery of any type of file, email or other communication to or from the Service as part of our efforts to protect the Service, protect our customers, or stop you from breaching these Terms and Conditions of Use. The technology or other means we use may hinder or break your use of the Service.
Gecko grants you a non-transferable, non-exclusive license to access and use the System, the Site, and the Services in accordance with the terms of these Terms and Conditions of Use. You acquire no right to the Service or to the information and data contained in or produced by the Services, except for the right to use such information and data solely for your own personal purposes, pursuant to these Terms and Conditions of Use. You do not have the right to sublicense, assign or transfer this license, the Services, or the data and output produced by the Services to a third-party. This license shall terminate immediately upon violation of these Terms and Conditions of Use.
Except for limited instances where we must list medications by brand name in order to properly deliver our services, and unless otherwise stated, Gecko is the owner of all copyright, trademark, patent, trade secrets, database and other proprietary rights in the System, including without limitation, the Site, as a collective work and/or compilation, and in the selection, co-ordination and arrangement of the information and content in the System. You may not publish, distribute, extract, re-utilize, or reproduce any part of the System in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use license set out in these Terms and Conditions of Use or as permitted by applicable law. Except as expressly provided in these Terms and Conditions of Use and the copyright notice, we grant no rights to you under any patents, copyrights, trademarks, trade secrets or any other proprietary rights. Provided however, that except for material that we license to you, we don't claim ownership of any content (i.e., your usage data) that is transmitted, stored, or processed in your account(s).
Brands of medications are listed solely for purposes of clarity, and no endorsement or sponsorship by the trademark owner is implied.
Apart from your own medical or personal data, you may not modify or copy in any way any content you obtain from this System, distribute or transmit it to any other person or company for commercial purposes, frame or otherwise display any of the content of this System on your own or any other website, use such content in any way that is competitive with Gecko or disparages Gecko, mass distribute such content through electronic or other means, or make any other use of such content. Such modification, distribution or transmission, display, or use shall constitute a breach of these Terms and Conditions of Use and infringe on Gecko's copyrights, patents, trademarks, trade secrets, and/or other intellectual property rights owned by or licensed to Gecko.
You may not decompile, reverse engineer or reverse assemble any portion of the System or underlying software. If you download and/or print any content of this System, you agree to maintain any and all patent, copyright, trademark notices and other notices or statements of proprietary rights appearing on such content and to not remove, obliterate or cancel from view any such notices or statements.
All brand, product and service names used in the System are the trademarks, trade names or services of Gecko, unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trademarks, trade names or service marks, or use any meta tags or any other "hidden text" utilizing any such trademarks, trade names or service marks, without the express prior written permission of Gecko or the owner of such trademarks, trade names or service marks.
Though we aim to provide you with an exceptional software product and service, you expressly agree that use of the System is at your sole risk and you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment (such as a smartphone or other mobile device) you use in connection with your use of the System. You understand and agree that the System and Services provided to you are on an "AS IS" and "AS AVAILABLE" basis.
We make no warranty and disclaim all responsibility and liability that the System will be uninterrupted or error-free, that defects, if any, will be corrected, or that the System is free of viruses or other harmful components; nor does Gecko make any representations or warranties about the accuracy, reliability, currency, quality, performance or sustainability of the System. In the event of any problem with the Service or System, you agree that your sole remedy is to cease using the System and Services.
Gecko expressly disclaims any responsibility or liability for, and you agree that Gecko will not be responsible or liable for: (i) errors in data or data entry, whether caused by you or the hardware or communications medium used for data entry; (ii) errors in dating or filing data caused by you or the hardware or communications medium used for data entry; (iii) errors in therapeutic conclusions or interventional instructions caused by erroneous data or data entry; (iv) malfunction or loss of use of any hardware; (v) loss or degradation of communications between you and Gecko or Gecko's service provider for any reason not within control of Gecko; (vi) injury to anyone associated with use of any hardware or software used; (vii) failure by you to correct erroneous data or to comply with proper instructions; (viii) errors resulting from unauthorized access to the System or associated data; or (ix) any damage or injury to anyone directly or indirectly resulting from use of the System or Gecko where the proximate cause of such damage or injury is not within the control of Gecko.
THE SOLE REMEDY FOR ANY CLAIM FOR DAMAGES ARISING OUT OF OR RELATED TO THE SYSTEM, INCLUDING WITHOUT LIMITATION, THE SITE, ANY SERVICE, OR ANY PRODUCT OR SERVICE ACQUIRED THROUGH THE SYSTEM SHALL BE LIMITED TO A REFUND OF ANY AMOUNT YOU PAID FOR SUCH PRODUCT OR SERVICE.
UNDER NO CIRCUMSTANCES SHALL GECKO, OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING OR DISTRIBUTING THE SYSTEM OR ANY PART THEREOF, HAVE ANY LIABILITY TO YOU, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE FOR ANY DAMAGES ARISING FROM OR IN CONNECTION WITH THE SYSTEM OR ANY PRODUCTS OR SERVICES MADE AVAILABLE OR LISTED ON IT, WHETHER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT SPECIAL OR CONSEQUENTIAL WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS HELD TO BE UNENFORCEABLE FOR ANY REASON, THEN, TO THE FULLEST EXTENT PERMITTED BY LAW, OUR MAXIMUM LIABILITY FOR ANY OF THE FOREGOING TYPES OF DAMAGES SHALL BE LIMITED TO THE AMOUNT THAT GECKO RECEIVED FROM YOU FOR THE TRANSACTION THAT GAVE RISE TO THE CLAIM.
You agree to indemnify and hold harmless Gecko and its directors, officers, employees, agents and representatives from and against any and all third party claims for damages arising from: (i) the use of the System or the Services or content or of any data provided in violation of these Terms and Conditions of Use; (ii) any claim that the System as modified or altered by you or your partners, employees, agents or contractors, or the use by Gecko of any data submitted by you, infringes the patent, copyright or other intellectual property right, or misappropriates the trade secrets, of any third party; (iii) any inaccurate or incomplete data, or any virus, worms, spyware, back door, Trojan horse or other malicious code transmitted by you; (iv) any breach of these Terms and Conditions of Use by you; and (v) any violation of applicable laws, rules or regulations by you.
Your obligations under this Terms and Conditions of Use shall continue for as long as you access or use this System or Services or use or maintain any of the content of this System or Services or copies thereof. You may terminate your obligations at any time by discontinuing your use of this System and Services and by destroying all content obtained from it, and all copies thereof. However, your termination of this Terms and Conditions of Use does not relieve you from liability resulting from your failure to comply with the obligations of this Terms and Conditions of Use before such termination, and Gecko reserves the right to enforce such pre-termination obligations before or after you terminate this Terms and Conditions of Use. Gecko reserves the right, in its sole discretion, to terminate your access to or use of this System and any related services or any portion thereof at any time and for any reason, including, without limitation, breach of these Terms and Conditions of Use.
Neither party to these Terms and Conditions of Use will be liable to the other under these Terms and Conditions of Use or otherwise for performance that is prevented by a cause outside the control of the party, including without limitation, natural disaster, war, riot, labor disturbance, or failure of publicly available channels of communication.
All disputes seeking only monetary damages and arising out of or relating to this Terms and Conditions of Use or Gecko operation of this System except disputes involving infringement or ownership of intellectual property rights, shall be resolved by binding arbitration in Boston, Massachusetts, pursuant to the rules of the American Arbitration Association. All disputes seeking injunctions or other non-monetary remedies or involving infringement or ownership of intellectual property rights shall be resolved in the federal district court or applicable state court in Massachusetts and you consent to personal jurisdiction and venue in such court.
The party seeking notification must notify the other as follows:
If to Gecko:
Gecko Health Innovations, Inc.
101 Main Street, 14th Floor
Cambridge, MA, 02142.
If to User, a written notice to the contact information associated with your account or user profile.
These Terms and Conditions of Use are governed by and will be construed in accordance with the laws of the United States and the Commonwealth of Massachusetts.
If any provision or part of a provision of these Terms and Conditions of Use is contrary to law, the remaining part of the provision and the remaining provisions of the Terms and Conditions of Use will remain in effect.