Terms and Conditions for Mobile App Collecting non-personally identifiable Medical Data
These Terms and Conditions ("Agreement") govern your use of the glukoGest mobile application ("App") provided by GlukoGest LLC ("Company"). By accessing or using the App, you agree to be bound by the terms and conditions outlined below. Please read this Agreement carefully before using the App.
Definitions
1.1 "App" refers to the mobile application provided by the Company for the collection of medical data.
1.2 "User" refers to any individual who accesses or uses the App.
1.3 "Medical Data" refers to any non-personally identifiable health information provided by the User.
Purpose of the App
2.1 The App is designed to collect non-personally identifiable Medical Data from Users to enable users advocate for themselves with their health care providers.
2.2 The Company acknowledges the importance of user privacy and commits to handling non-personally identifiable Medical Data in compliance with applicable data protection regulations, including the Health Insurance Portability and Accountability Act (HIPAA) and the General Data Protection Regulation (GDPR).
User Consent
3.1 By using the App, you expressly consent to the collection, storage, processing, and sharing of your non-personally identifiable Medical Data as described in this Agreement.
3.2 You affirm that you are at least 18 years old or have obtained parental or legal guardian consent to use the App and provide non-personall identifiable Medical Data.
Data Collection and Use
4.1 The Company collects non-medical identifiable Medical Data for the following purposes:
a. Providing personalized health-advocacy services to Users.
b. Sharing aggregated and anonymized data for statistical purposes.
c. Complying with legal obligations and governmental or regulatory requests.
4.2 The Company employs reasonable technical and organizational measures to ensure the security, confidentiality, and integrity of collected non-personally identifiable Medical Data.
User Rights and Responsibilities
5.1 Users have the right to access, modify, or delete their non-personally identifiable Medical Data stored by the Company, subject to the limitations imposed by applicable laws.
5.2 Users are responsible for maintaining the accuracy and completeness of their non personally identifiable Medical Data and promptly updating any changes.
HIPAA Compliance
6.1 The Company is committed to compliance with the Health Insurance Portability and Accountability Act (HIPAA) and will maintain the security and privacy of non-medically identifiable Medical Data in accordance with HIPAA regulations.
GDPR Compliance
7.1 The Company acknowledges and respects the rights of individuals under the General Data Protection Regulation (GDPR) and will process all Data in compliance with GDPR requirements.
7.2 Users have the right to access, rectify, erase, and restrict the processing of their Data, as well as the right to data portability and the right to object to processing.
Limitation of Liability
8.1 The Company will make reasonable efforts to ensure the accuracy and reliability of the App and the security of Data. However, the Company disclaims all liability for any errors, omissions, or security breaches.
8.2 Users acknowledge that the App is not intended to provide medical advice, diagnosis, or treatment. Users should consult healthcare professionals for any medical concerns.
Modifications to the Agreement
9.1 The Company reserves the right to modify this Agreement at any time. Users will be notified of material changes through the App or other means. Continued use of the App after such modifications constitutes acceptance of the revised Agreement.
Governing Law and Jurisdiction
Dispute Resolution
10.1 Any dispute, controversy, or claim arising out of or relating to this Agreement, including its formation, interpretation, breach, termination, or validity, shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA) and conducted in Houston, Texas.
10.2 The arbitration shall be conducted by a single arbitrator appointed in accordance with the AAA rules. The arbitrator's decision shall be final and binding on both parties.
10.3 Both parties agree to waive their right to a trial by jury and agree to resolve any disputes exclusively through arbitration.
10.4 The costs and expenses of arbitration, including the arbitrator's fees, shall be borne equally by both parties, unless otherwise determined by the arbitrator.
10.5 This arbitration clause does not restrict either party from seeking injunctive or equitable relief from a court of competent jurisdiction.
Governing Law and Jurisdiction
11.1 This Agreement shall be governed by and construed in accordance with the laws of the United States and the state of Texas, without regard to its conflict of laws principles.
11.2 Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the federal or state courts located in Houston, Texas. Both parties consent to the personal jurisdiction of such courts and waive any objection to the laying of venue in such courts.
By using the App, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement, including the dispute resolution clause.
If you have any questions or concerns regarding this Agreement or the App, please contact GlukoGest LLC at info@glukogest.com