Terms of Service

Effective Date: November 22, 2021

The terms of this Terms of Service Agreement (“Terms”) apply to and govern your access and use of the Datamonkey, Inc. d/b/a PatientIQ (“PatientIQ” “We” “Our” or “Us”) website (www.patientiq.io) and its online subscription services, including its patient portal (collectively, the “Services”). PatientIQ owns or operates each component of the Services, which each individually link to these Terms. The Services include all software and Content (as defined below) provided through or as part of the Services. These Terms are a legal agreement between PatientIQ and you so please read them carefully before you start to use the Services. These Terms contain important provisions that limit our liability to you and require you to resolve any dispute with us on an individual basis and not part of a class or representative action. By accessing or using the Services, you accept and agree to be bound by these Terms without limitation or qualification, along with the terms of our Privacy Policy which is incorporated in these Terms.

Important Disclaimers

PatientIQ does not provide medical care services. PatientIQ provides technologies to help health care providers improve patient outcomes.
Dial 911 in the case of an emergency. PatientIQ is not a health care provider and cannot provide assistance in the case of an emergency.
Provider Agreements. We have entered into agreements (“Provider Agreements”) with our health care provider customers (“Provider Customers”) that govern our use of Protected Health Information and Personal Information in our Services. If you are using our Services on behalf of a Provider Customer, these Terms supplement any Provider Agreement. To the extent that these Terms conflict with any Provider Agreement, the Provider Agreement will control. If you are using the Services as an employee or other representative of a Provider Customer, you are an “Authorized User” for purposes of these Terms. Provider Agreements contain terms protecting privacy and may contain terms that supersede these Terms for Authorized Users.

Protecting your Privacy

PatientIQ will employ administrative, physical, and technical safeguards consistent with industry standards designed to protect against unauthorized access to the Services and/or hosted data from disclosure or acquisition by an unauthorized person. If you would like to learn more our security practices regarding how we collect and use information, please check visit our Privacy Policy.

Access Rights and Restrictions

Subject to your compliance with these Terms, PatientIQ grants you a non-exclusive, non-transferable right to access and use the Services, solely for your use in accordance with these Terms. Such use is limited to your personal use or internal business purposes.

Restrictions

You are prohibited from and must not:
  • Use our Services except as expressly authorized by these Terms;
  • Attempt to gain unauthorized access to the Service or to related systems or networks;
  • Impersonate another user or provide false identity information to gain access to or use the Services;
  • Send spam or otherwise duplicative or unsolicited messages in violation of applicable laws, or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violative of third-party privacy rights, or store material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs;
  • Interfere with or disrupt the integrity or performance of the Services or the associated information, including, without limitation: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of the Services or any server, network or system associated with the Services; breaching or circumventing firewall, encryption, security or authentication routines; accessing data not intended for you;
  • Frame or otherwise create a browser or border environment around any page or Content of the Services, or deep-link to any internal page or area of the Services;
  • Remove, alter or tamper with any copyright, trademark or other proprietary rights or legal notices contained in any Content obtained through the Services;
  • Directly or indirectly license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party any proprietary property;
  • Disassemble, decompile, reverse engineer or use any other means to attempt to discover any source code, algorithms or trade secrets, or information associated with the Services;
  • Upload, input, or transmit any Protected Health Information (“PHI”) or Personal Information of any person to the Services, unless you have legal authority and/or authorization to do so;
  • Access or use the Services in any manner that abuses or violates the privacy or property rights of others;
  • Use the Services to share PHI or Personal Information or derivatives thereof, unless you have the proper authorization and legal authority to do so;
  • Copy, reproduce, sell, rent, distribute, transfer, modify, or make derivative works from the Services; and
  • Re-identify, or attempt to re-identify, any de-identified data except in instances in which you have express authorization to do so.

Intellectual Property

The Services are the proprietary property of PatientIQ and/or its third-party licensors, and are protected by U.S. and foreign copyright, trademark and other intellectual property laws. As used in these Terms, “Content” means the audio and visual information, documentation, software, products, material contained or made available while using the Services. You acknowledge that the Content is and shall remain our property or the property of our licensors. If the Services permit you to download or print any Content, such Content may be used only by you and only in connection with the Services. You may not copy or distribute any such Content. This license is personal to you and is not transferable or assignable to others, and may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). We reserve all rights not expressly granted herein. You may not use any trademarks marks contained within our Services without prior written permission from us or our third-party licensors, if applicable.

Feedback

The Services may offer you the opportunity to provide us with your comments, suggestions, ideas or other feedback (together, “Feedback”). If you choose to provide us with Feedback, you agree that we have an unrestricted right to use it, and you are not entitled to receive any compensation.

Information that You Submit

You hereby grant PatientIQ a nonexclusive, nontransferable, nonsublicensable and royalty-free right and license to access, copy, process and use all information, data and other content provided by you for your benefit in connection with your authorized use of the Services. PatientIQ will not assume any responsibility for, or undertake to verify, the accuracy or completeness of any information that you contribute or submit in the Services. All information that you submit will be deemed non-confidential and non-proprietary except for Protected Health Information and Personal Information, which are subject to the respective Provider Agreement and our Privacy Policy.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PATIENTIQ SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, PATIENTIQ MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES OR PATIENTIQ MATERIALS, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. ALL THIRD-PARTY MATERIALS ARE PROVIDED "AS IS" AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY MATERIALS IS STRICTLY BETWEEN YOU AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF THE THIRD-PARTY MATERIALS.
FURTHER, YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS PATIENTIQ, ITS AFFILIATES, SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE EQUITYHOLDERS, OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ADVISORS AND CONSULTANTS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, CAUSES OF ACTION, SUITS, LIABILITIES, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND LEGAL COSTS) ARISING OUT OF OR RELATING TO: (1) YOUR USE OF, YOUR INABILITY TO USE, OR YOUR RELIANCE UPON, THE SERVICES; (2) ANY ALLEGATION THAT ANY CONTENT OR INFORMATION YOU SUBMIT TO THE SERVICES INFRINGES OR OTHERWISE VIOLATES THE COPYRIGHT, TRADE SECRET, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; AND/OR (3) YOUR VIOLATION OF ANY OF THESE TERMS OR ANY APPLICABLE LAW.

Waiver of Right to Pursue Class Action Claims

If you are using our Services on behalf of a business or employer, that business or employer accepts these terms, unless that business or employer has otherwise concluded a separate written agreement with us.

Limitation on Time to Bring an Action

You agree that regardless of any statute or law to the contrary, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Limitations of Liability

PatientIQ’s liability to you is limited as set forth below, except and only the to extent that any such limitations are prohibited by applicable law.
IN NO EVENT SHALL HARMLESS PATIENTIQ, ITS AFFILIATES, SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE EQUITYHOLDERS, OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ADVISORS AND CONSULTANTS BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH SUCH PARTY) CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA OR LOSS OR COST OF RECOVERING OR RECONSTRUCTING SUCH DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) LOSS OR COST AS A RESULT OF DECISIONS MADE IN RELIANCE ON THE SERVICE OR RESULTS, (D) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS AND GOODWILL OR (E) DAMAGES, IN THE AGGREGATE, IN EXCESS OF ONE HUNDRED (100) DOLLARS.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Termination

PatientIQ may at any time terminate your access to the Services if PatientIQ determines, in its sole judgment, that you have violated these Terms or any applicable law; termination may be affected without prior notice.

International Use

The Services are intended for use in the United States only. If you visit our Services or contact us from outside of the United States, please be advised that: (i) any information you provide to us or that we automatically collect will be transferred to the United States; and (ii) that by using our Services or submitting information, you explicitly authorize its transfer to and subsequent processing in the United States in accordance with these Terms.

Service Updates

From time to time, at its discretion, PatientIQ will provide updates to the Services, which may include upgrades, bug fixes, patches and other error corrections and/or new features. When we provide updates certain features and functionality may be affected or disabled. You understand and agree that PatientIQ does not have any obligation to provide any updates or to continue to provide or enable any particular features or functionality.

Children and Minors

Our Services are not intended to be used by children under 18 years old. We will not grant you access to our patient portal if we become aware that you are 18 years old. We will inform you why your access is being denied in a manner consistent with our Privacy Policy.

Links to Third Parties

Our Services may contain links to third parties. Please note that third parties are not under PatientIQ’s control and PatientIQ is not responsible for the content of any third parties and their websites or services. PatientIQ is providing these links to you only as a convenience, and by including any link does not imply endorsement by PatientIQ of the listed professional, business, site or any association with its operators.

Changes to the Terms

We reserve the right to change these Terms at any time. It is our policy to post any changes we make to these Terms. If we make material changes to these Terms we will seek to inform you within our Services. The date the Terms was last revised is identified at the top of the page. You are responsible for periodically reviewing these Terms to check for any changes. YOUR CONTINUED USE OF THE SERVICES AFTER CHANGES HAVE BEEN POSTED INDICATES YOUR ACCEPTANCE OF ANY CHANGED TERMS.

Reservation of Rights

We reserve the right at any time and for any reason, with or without notice, and without liability to you or any other user, to: (i) modify, suspend or terminate the operation or any feature of the Services; (ii) restrict, limit, suspend or terminate your and/or any other user’s access to the Services; (iii) monitor any user’s use of the Services to verify compliance with these Terms and/or any applicable law; (iv) investigate any suspected or alleged misuse of the Services and cooperate with law enforcement and/or third-parties in such investigation; and (v) disclose information about any user’s use of the Services in connection with law enforcement investigation of alleged illegal activity, or in response to a lawful court order or subpoena.

General Provisions

Modifying this Agreement. We may modify these Terms, for example, to reflect changes to our Service or for legal, regulatory, or security reasons. We will provide reasonable advance notice of any material modifications to these Terms and the opportunity to review them, except that modifications addressing newly available features of the Services or modifications made for legal reasons may be effective immediately without notice. Modifications to these Terms will only apply going forward. If you do not agree to the modified Terms, you should cease using the Services.
Notice. PatientIQ may provide you with notices about these Terms by email, through the Services, or as permitted in any applicable Provider Agreement. You may contact PatientIQ for any reason related to these Terms through the information provided below.
Governing Law. All claims arising out of or relating to these Terms or the Services will be governed by Illinois law, except Illinois’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of Cook County, Illinois, USA. You and PatientIQ consent to personal jurisdiction in those courts.
Waiver. A provision of the Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of PatientIQ to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision.
Severability. If any provision of the Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
Independent Contractor. You agree that no joint venture, partnership, employment, or agency relationship exists between you and PatientIQ as a result of the Terms or use of the Services.
Headings. The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and shall not be deemed to limit or affect any of the provisions hereof.
Disclosures. The Services are offered by PatientIQ, located at the contact information located at the end of these Terms. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

Contact Us

If you have any questions or comments about our Services or these Terms, please contact us:
PatientIQ
350 West Ontario St., Ste. 300
Chicago, Il 60654

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Last modified 2mo ago