Agreement to Terms of Use

These “Terms of Use” apply to your use of PT Genie Software through this website.  By using PT Genie Software, you signify your assent to these Terms of Use. If you do not so agree, please do not use PT Genie Software.

PT Genie Software is owned by PT Genie LLC. Hereinafter, references to “PT Genie” shall include companies owned by or affiliated with PT Genie (for example, a PT Genie subsidiary). PT Genie may share information among its subsidiaries and these protections shall apply to each PT Genie entity with whom you communicate or from whom you receive one or more services. PT Genie may revise and update these Terms of Use at any time. Your continued use of PT Genie Software means that you accept any such changes.

Genie Health Terms of Use

Legal Information & Notices

Agreement to Terms of Use

These “Terms of Use” apply to your use of Genie Health Software through this website.  By using Genie Health Health Software, you signify your assent to these Terms of Use. If you do not so agree, please do not use Genie Health Health Software.

Genie Health Software is owned by Genie Health LLC. Hereinafter, references to “Genie Health” shall include companies owned by or affiliated with Genie Health (for example, a Genie Health subsidiary). Genie Health may share information among its subsidiaries and these protections shall apply to each Genie Health entity with whom you communicate or from whom you receive one or more services. Genie Health may revise and update these Terms of Use at any time. Your continued use of Genie Health Software means that you accept any such changes.

If you are part of a larger organization that has a contractual relationship with Genie Health, you are bound by and subject to your organization’s contractual terms with Genie Health, which take precedence over these Terms of Use. If you are not part of a larger organization, these Terms of Use will control.

The Site Use and Restrictions

Your use of Genie Health Software includes a limited license granted hereunder. You acknowledge that title to and copyright in Genie Health Software and the content on this website is reserved by Genie Health. You acquire no rights in Genie Health Software other than the limited rights to use it granted hereunder.

Except as authorized by Genie Health in writing, you will NOT: (i) access or use Genie Health Software to provide products or services to third-parties for their commercial purposes; (ii) access or use Genie Health Software, or let your employees, relatives or others do so, except through the terms hereof; (iii) resell, sublicense, lease, encumber, copy, distribute, publish, exhibit, transmit, provide access to or provide use of Genie Health Software to any third party nor use or allow Genie Health Software to be used in any public system or public electronic bulletin board (unless agreed to by Genie Health), multiple computer or user arrangement or network that includes access by any third party; (iv) derive specifications from, reverse engineer, reverse compile, disassemble, translate, record or create derivative works based on Genie Health Software; or (v) use Genie Health Software or any part thereof for any unlawful purpose or to mislead or harass anyone. Use of or access to Genie Health Software in violation of these terms is strictly prohibited. Permission to access or use Genie Health Software may be limited or suspended immediately if, in Genie Health’s discretion, this Section has been violated. You agree that a violation of this Section will cause Genie Health irreparable and immediate harm, and that Genie Health is entitled to injunctive relief to prevent such violation.

Genie Health Software May Contain Educational Resources Made by a Third Party

The content contained in Genie Health Software such as data, data bases, text, graphics, user interfaces, images, links, information obtained from Genie Health or its licensors, and other material contained in or included with Genie Health Software are subject to these Terms of Use. Genie Health Software does not vet the information presented to you, as this is proprietary and disseminated from your provider.Genie Health Software is simply a software application that helps you to comply with the HEP and educational messages that you received from your physician. For purposes of clarity, Genie Health Software is not intended to be a substitute for professional medical advice, diagnosis or treatment. If you are a healthcare provider, you, your employer and/or colleagues must make independent medical decisions regarding your patient’s health and the appropriate medical prescriptions that they require. You should not rely exclusively on Genie Health Software or any content contained in it for such purposes.  Genie Health may have providers working within the system to answer questions, give encouragement, and escalate clinical decisions to your care team and physicians.  This is not done 24/7 live, but is done periodically. If you have urgent needs you should seek immediate medical attention. If you are not receiving response you should contact your physician or health system directly as your messages may not be coming through.  If there is a technical issue stopping your communication, it may not be visible to the care team, and you should contact the care team directly outside of the App.  Any clinical care team member is working directly or contractually through your physician and Genie Health is not responsible for their clinical decision making.

Mobile Use

If you use Genie Health Software on a mobile device, the costs for and quality of the services that you receive are subject to the terms and conditions of the contract you have with your cellular carrier, and any service interruptions are controlled by your cellular carrier. Genie Health does not and cannot ensure that you will have full use of Genie Health Software while using a mobile device and cannot assure you that your mobile access will be seamless and/or acceptable. For questions regarding use of Genie Health Software through your mobile device, please contact your cellular carrier.

Support

Genie Health maintains and staffs a customer service help desk that provides support for your use of Genie Health Software. If you are part of a large organization, you may also be assigned business and technical account managers to ensure your success in using Genie Health Software. Genie Health’s support is available 8 am – 6 pm, Eastern time, Monday thru Friday. No support is offered on the following holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving (Thursday and Friday) and Christmas (two days). If the support line is busy, you may be prompted to leave a message.  Support should be directed to your dedicated clinical team point manager, but if it is hardware / software in nature, you can email support@ptgenie.com for entering a “ticket” into our system which will be replied to within 24-48 hours.

Use of Content

All content contained within Genie Health Software is protected by United States copyright and foreign copyright laws. Title to the content remains with Genie Health or its licensors. Use of the content in a manner not expressly permitted hereby constitutes a breach of these Terms of Use and may violate copyright, trademark and other laws. Content and features of Genie Health Software are subject to change or termination, without notice, in the editorial discretion of Genie Health. All rights not expressly granted herein are reserved to Genie Health and its licensors. If you violate these Terms of Use, your permission to use the content automatically terminates, and you may be held liable.

Minors are able to access the system should their legal guardian provide consent for the services. Once consent is granted, there will be implied consent throughout the duration of the treatment plan unless a written request is made to remove this consent and deactivate the minor participant.  The minor will be conversing both in the app and through video telehealth calls with clinical members of their care team during the course of their treatment.

Confidentiality

Obligations. Neither you nor Genie Health will use the other’s Confidential Information, except as permitted under these Terms of Use, and neither you nor Genie Health will disclose such Confidential Information to any third party, except to those employees and subcontractors as reasonably required in connection with their performance of this Agreement and that are subject to a written agreement that includes binding use and disclosure restrictions that are at least as protective as those set-forth herein. The foregoing obligations will not restrict either party from disclosing the other’s Confidential Information: (i) pursuant to a court order or requirement of a court, administrative agency or other governmental body, or as may be required by any law or regulation, provided that the party required to make such a disclosure gives reasonable notice to the other party to enable it to contest such order or requirement; and (ii) from being used on a confidential basis by its legal or professional financial advisors. For purposes of this agreement, the term “Confidential Information” means: (i) any non-public information of a party including, without limitation, any information relating to a party’s current and planned products and services, technology, techniques, know-how, research, engineering, designs, finances, accounts, procurement requirements, manufacturing, customer lists, business forecasts and marketing plans; (ii) patient information; (iii) information of a party that is disclosed in writing and is conspicuously designated as “Confidential” at the time of disclosure or that is disclosed orally and is identified as “Confidential” at the time of disclosure or is easily capable of being understood to be confidential based on the nature of the information; and (iv) these Terms of Use. Notwithstanding the foregoing, Confidential Information shall not include information that: (i) is or becomes generally known or available by publication, commercial use or otherwise through no fault of the receiving party; (ii) was in the receiving party’s possession at the time of disclosure without violation of any confidentiality restriction and without any restriction on the receiving party’s further use or disclosure; or (iii) is independently developed by the receiving party without use of the disclosing party’s Confidential Information.

Patient Data and Information. Neither you nor Genie Health shall send, transfer, transmit, provide or in any way distribute patient health information, except as permitted hereunder; Provided, that, such transfer or transmission is performed in a legally permissible way and the data is sent in an encrypted format. You agree that Genie Health may use any information that you upload to or run through Genie Health Software in any manner that it wishes including, without limitation, surveys, analysis of user workflows, data analytics, statistical studies/analyses, and other purposes; Provided, further, that, such data is aggregated and de-identified so as to entirely conceal (mask) any identifying information.

Injunctive Relief. Should a breach of confidentiality occur, you and Genie Health agree that the non-breaching party could suffer irreparable harm and the total amount of monetary damages for any injury to the non-breaching party may be impossible to calculate. Accordingly, you and Genie Health agree that the non-breaching party shall be entitled to seek temporary, preliminary and/or permanent injunctive relief against the breaching party, its officers or employees and other remedies at law or in equity.

HIPAA

Terms used but not defined in this section shall have the meanings ascribed to them in the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and its associated rules and regulations including the “Privacy Rule,” the “Security Rule” and the “HiTech Act.”

Permitted Uses and Disclosures

(a) Except as limited herein, Genie Health, as a business associate, may receive, use or disclose PHI relating to your use of Genie Health Software if such receipt, use or disclosure does not violate HIPAA or these Terms of Use. Genie Health may use PHI for the proper management and administration of Genie Health Software.

(b) Genie Health shall not disclose PHI unless: (i) required by law; or (ii) it obtains commercially reasonable assurances from the person to whom the PHI is disclosed that it will be kept confidential and used or disclosed only as required by law.

(c) Genie Health shall limit its use, disclosure or request of PHI to the extent practicable to a Limited Data Set or, if needed, to the Minimum Necessary amount of PHI needed to accomplish the intended purpose of the use, disclosure or request.

Safeguards for the Protection of PHI. Genie Health shall use appropriate safeguards to prevent use or disclosure of PHI aside from those in these Terms of Use. Genie Health shall implement and maintain such administrative, physical and technical safeguards required by HIPAA to reasonably and appropriately protect the confidentiality, integrity and availability of electronic PHI that it creates, receives, maintains or transmits based on your use of Genie Health Software under these Terms of Use.

Reporting of Unauthorized Uses or Disclosures of PHI and Breaches of Unsecured PHI

(a) Genie Health shall report to you within thirty (30) calendar days any use or disclosure of PHI of which it becomes aware that is not provided for by these Terms of Use or under HIPAA.

(b) Genie Health shall report any successful security incident (defined below) of which it becomes aware and for which it is responsible not later than thirty (30) calendar days after discovery thereof. For the purposes of this Agreement, a “successful security incident” is the successful, unauthorized access, use, disclosure, modification or destruction of PHI.

(c) Genie Health shall initially notify you of a Breach of unsecured PHI within ten (10) calendar days after discovery thereof, during which time Genie Health will prepare a Breach notification in accordance with 45 C.F.R. 164.410, if applicable.

Use of Subcontractors. If Genie Health uses one or more subcontractors or agents to perform its obligations and such subcontractors or agents receive or have access to PHI, Genie Health agrees to obtain written assurances that any such subcontractors or agents agree to the restrictions and conditions that are substantially similar to those included in these Terms of Use.

Authorized Access to PHI. To fulfill your obligations under the Privacy Rule, Genie Health shall make PHI available to you during normal business hours and at your expense for inspection or copying within ten (10) calendar days of your request. If you or another person or entity request inspection or copying of PHI directly from Genie Health or its agents or subcontractors, Genie Health shall notify you in writing within thirty (30) business days of receipt of such request.

Amendment to PHI. If Genie Health is able to amend PHI to help you fulfill your obligations under the Privacy Rule, Genie Health shall attempt amend such PHI within twenty (20) calendar days of such request at your expense. If you or another person or entity requests amendment of his/her PHI directly from Genie Health or its agents or subcontractors, Genie Health shall notify you in writing within ten (10) business days of receipt of such request and provide you with a copy of the request. Genie Health shall not knowingly or intentionally modify any PHI absent your consent.

Accounting of Disclosures of PHI. If Genie Health is able to account for disclosures of PHI, it shall keep records of all disclosures made by it (the “Disclosure Accounting”) on an ongoing basis for six (6) years or for such other period of time as may be specified by HHS or by rule, subject to applicable exceptions.

Electronic Copies of PHI. If Genie Health uses or maintains PHI in an electronic format, it shall provide you with a copy of such information in an electronic and agreed format at your expense within twenty (20) calendar days of your request.

Your Obligations Regarding PHI

(a) You shall notify Genie Health of any restriction on the use or disclosure of PHI to which you have previously agreed under 45 C.F.R. 164.522(a)(1) and any restrictions on disclosure with which you must comply under the HITECH Act if such restriction may affect Genie Health’s use or disclosure of PHI.

(b) You shall notify Genie Health of any limitation(s) in your notice of privacy practices under 45 C.F.R. § 164.520 if such limitation may affect Genie Health’s use or disclosure of PHI.

(c) You shall notify Genie Health in writing of any changes in, or revocation of or permission by you or another person or entity to use or disclose PHI if such change or revocation may affect Genie Health’s use or disclosure of PHI or its ability to perform its obligations under these Terms of Use or the law. You shall also obtain, in writing, any consent, authorization and other permissions that may be necessary or required by applicable laws in order to transfer or disclose or allow Genie Health to access the PHI.

(d) You shall not request that Genie Health use or disclose PHI in any manner that would not be permissible under HIPAA if done by you.

(e) You shall comply with HIPAA regarding your use of or access to PHI and will indemnify Genie Health for your breach of HIPAA if such breach results in claims being asserted against Genie Health.

De-Identification and Aggregation

You authorize Genie Health to use or sell the PHI that you maintain through Genie Health Software on an aggregated and de-identified basis for, without limitation, reports, studies, analytics and statistics. The term “de-identify” means that the PHI is stripped of information that enables a third person from identifying you or your patient, and instead consists solely of raw data about you and/or your patient with no identifiers or tracers.

Genie Health Disclaimers

Genie Health Software is provided on an “as is” basis. GENIE HEALTH AND ITS LICENSORS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

Your ability to access and use Genie Health Software relies on your availability of internet access and internet service providers over whom Genie Health has no control. Accordingly, Genie Health assumes no liability relating to the delay, failure, interruption or unavailability of Genie Health Software due to your inability to access the internet or issues experienced by your internet service provider.

Limitation of Liability

IN NO EVENT SHALL GENIE HEALTH, ITS LICENSORS, SUPPLIERS OR THIRD PARTIES WHOSE SOFTWARE OR SERVICES ARE PROVIDED THROUGH GENIE HEALTH BE LIABLE FOR DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA), DUE TO USE OF OR INABILITY TO USE THE OFFERINGS, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORIES, AND WHETHER OR NOT GENIE HEALTH, ITS LICENSORS, SUPPLIERS OR ANY THIRD PARTIES MENTIONED IN AYVA ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GENIE HEALTH, ITS LICENSORS, SUPPLIERS AND THIRD PARTIES WHOSE PRODUCTS OR SERVICES ARE USED OR ACQUIRED BY YOU HEREUNDER SHALL BE LIABLE ONLY FOR ACTUAL, DIRECT DAMAGES INCURRED BY YOU NOT TO EXCEED U.S. $1,000. GENIE HEALTH, ITS LICENSORS, SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON THE GENIE HEALTH SITE ARE NOT LIABLE FOR PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF GENIE HEALTH SOFTWARE OR ANY CONTENT. ANY CLAIMS ARISING FROM OR IN CONNECTION WITH YOUR USE OF AYVA MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH CLAIM. REMEDIES UNDER THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS.

Indemnity

Subject to the above limitation of liability, Genie Health and you shall indemnify and defend the other and its and their officers, directors, trustees, employees and agents (the “Indemnitees”), from and against any claims, suits, judgments, proceedings, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees and other reasonable costs and expenses) awarded in an action brought against them, and the reasonable costs associated with its settlement of any such matter arising from or relating to its: (i) breach of confidentiality; (ii) gross negligence; (iii) willful misconduct; or (iv) a claim that Genie Health Software infringes any copyright, patent or other intellectual property rights of a third party. Notwithstanding the foregoing sentence, your indemnification of Genie Health includes any modification you make to Genie Health Software or your misuse of Genie Health Software.

Passwords

Genie Health has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized persons have access to your Genie Health passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor and control access to and use of your Genie Health account and password; (3) promptly inform Genie Health if you believe your account or password has been compromised, or if there is another reason to deactivate a password; and (4) supervise the use of the Offerings by children under the age of 18 for whom you are a parent or guardian.

Jurisdiction and Governing Law

You agree that any dispute with Genie Health relating to your use of Genie Health Software and/or third-party offerings resides in the federal or state courts within Orange County, Florida. These Terms of Use are governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles.

Use Outside of the US

Genie Health is based in the United States of America, with principal offices in Orlando, Florida. Genie Health makes no claims that use of Genie Health Software are appropriate or may be used outside of the United States. If you access Genie Health Software from outside of the United States, you do so at your own risk, and you are responsible for compliance with the laws of your jurisdiction.

Effective June 2021