The Site Use and Restrictions
Your use of PT Genie Software includes a limited license granted hereunder. You acknowledge that title to and copyright in PT Genie Software and the content on this website is reserved by PT Genie. You acquire no rights in PT Genie Software other than the limited rights to use it granted hereunder.
Except as authorized by PT genie in writing, you will NOT: (i) access or use PT Genie Software to provide products or services to third-parties for their commercial purposes; (ii) access or use PT Genie 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 PT Genie Software to any third party nor use or allow PT Genie Software to be used in any public system or public electronic bulletin board (unless agreed to by PT Genie), 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 PT Genie Software; or (v) use PT Genie Software or any part thereof for any unlawful purpose or to mislead or harass anyone. Use of or access to PT Genie Software in violation of these terms is strictly prohibited. Permission to access or use PT Genie Software may be limited or suspended immediately if, in PT Genie’s discretion, this Section has been violated. You agree that a violation of this Section will cause PT Genie irreparable and immediate harm, and that PT Genie is entitled to injunctive relief to prevent such violation.
PT Genie Software May Contain Educational Resources Made by a Third Party
If you use PT Genie 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. PT Genie does not and cannot ensure that you will have full use of PT Genie 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 PT Genie Software through your mobile device, please contact your cellular carrier.
PT Genie maintains and staffs a customer service help desk that provides support for your use of PT Genie 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 PT Genie Software. PT Genie’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 email@example.com for entering a “ticket” into our system which will be replied to within 24-48 hours.
Use of Content
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.
Patient Data and Information. Neither you nor PT Genie 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 PT Genie may use any information that you upload to or run through PT Genie 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 PT Genie 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 PT Genie 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.
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
(b) PT Genie 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) PT Genie 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.
Reporting of Unauthorized Uses or Disclosures of PHI and Breaches of Unsecured PHI
(b) PT Genie 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) PT Genie shall initially notify you of a Breach of unsecured PHI within ten (10) calendar days after discovery thereof, during which time PT Genie will prepare a Breach notification in accordance with 45 C.F.R. 164.410, if applicable.
Authorized Access to PHI. To fulfill your obligations under the Privacy Rule, PT Genie 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 PT Genie or its agents or subcontractors, PT Genie shall notify you in writing within thirty (30) business days of receipt of such request.
Amendment to PHI. If PT Genie is able to amend PHI to help you fulfill your obligations under the Privacy Rule, PT Genie 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 PT Genie or its agents or subcontractors, PT Genie shall notify you in writing within ten (10) business days of receipt of such request and provide you with a copy of the request. PT Genie shall not knowingly or intentionally modify any PHI absent your consent.
Accounting of Disclosures of PHI. If PT Genie 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 PT Genie 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 PT Genie 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 PT Genie’s use or disclosure of PHI.
(b) You shall notify PT Genie of any limitation(s) in your notice of privacy practices under 45 C.F.R. § 164.520 if such limitation may affect PT Genie’s use or disclosure of PHI.
(d) You shall not request that PT Genie 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 PT Genie for your breach of HIPAA if such breach results in claims being asserted against PT Genie.
De-Identification and Aggregation
You authorize PT Genie to use or sell the PHI that you maintain through PT Genie 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.
PT Genie Disclaimers
PT Genie Software is provided on an “as is” basis. PT GENIE 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 PT Genie Software relies on your availability of internet access and internet service providers over whom PT Genie has no control. Accordingly, PT Genie assumes no liability relating to the delay, failure, interruption or unavailability of PT Genie Software due to your inability to access the internet or issues experienced by your internet service provider.
Limitation of Liability
IN NO EVENT SHALL PT GENIE, ITS LICENSORS, SUPPLIERS OR THIRD PARTIES WHOSE SOFTWARE OR SERVICES ARE PROVIDED THROUGH PT GENIE 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 PT GENIE, ITS LICENSORS, SUPPLIERS OR ANY THIRD PARTIES MENTIONED IN AYVA ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PT GENIE, 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. PT GENIE, ITS LICENSORS, SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON THE PT GENIE SITE ARE NOT LIABLE FOR PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF PT GENIE 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.
Subject to the above limitation of liability, PT Genie 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 PT Genie Software infringes any copyright, patent or other intellectual property rights of a third party. Notwithstanding the foregoing sentence, your indemnification of PT Genie includes any modification you make to PT Genie Software or your misuse of PT Genie Software.
PT Genie 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 PT Genie 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 PT Genie account and password; (3) promptly inform PT Genie 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
Use Outside of the US
PT Genie is based in the United States of America, with principal offices in Orlando, Florida. PT Genie makes no claims that use of PT Genie Software are appropriate or may be used outside of the United States. If you access PT Genie 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.
What if I have questions about this policy?
Effective Date: June 23, 2021