Terms of Use
Welcome to the ”HEAL-Parkinson” App (the “Application”). Please read the following Terms of Use carefully before using this application so that you are aware of your legal rights and obligations with respect to A.Y.Y.T. - Technological Applications And Data Update Ltd. And its Affiliates (hereinafter, collectively, the “Company”, ״we״, ״our״ or ״us״). By accessing or using the Application, you are representing that you are of legal age in your place of residency, and you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms of Use (the ״Terms״). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by these Terms, please do not access or use the application.
“Affiliates” with respect to a certain entity, are companies that are controlled by, under common control with, or controlling, the entity.
1. Background. The Application is intended for adult patients and their doctors to be used as a tool to assist them in monitoring the patients’ health state, diseases, and conditions, by way of collecting information, in order to provide the doctors with a decision support mechanism for the medical treatment they provide.
2. Use of The Application.
2.1. The Application is used by two types of users, the patient (the “Patient”), and his/her doctor or health care provider (the “Health Care Provider”, and collectively with Patient, the “User”, “You”).
2.2. the Application is a service that collects information from the Patients (“Patient’s Information”) and shares it with their Health Care Providers in order to create a decision support mechanism for Health Care Providers (the “Services”).
2.3. The Patient’s Information may be collected in several ways, such as, for example: Patient’s answers to a questionnaire sent by his/her Health Care Provider, through a chat with Patient’s Health Care Provider, through Patient’s smartphone such as his/her smartphone camera, video or audio recorder, all subject to Patient’s permission to use his/her device data and applications.
2.4. The chat is intended for sharing information relevant and suitable for the purpose of the Services. Without derogating from these Terms, and without limitation, in using the chat you are not allowed to: (1) insult, harass, threaten and violate any right of others in any way; (2) publish or upload any offensive or illegal content; (3) upload files containing software or materials which violate third party’s intellectual rights; (4) upload files containing viruses, trojan horses or any other malicious software; (5) to impersonate or act in the name of any other person or entity or allow any other person or entity to use your user; (6) to make spam activities.
2.5. The Health Care Provider may generate standard questionnaires for his/her Patient and he/she may also add additional questions, specific for their Patient, all in order to receive relevant Patient’s Information about their Patient.
2.6. The Services may include notices and notifications inserted by the Health Care Provider for his/her Patient, such as a reminder to take a medicine, to measure blood pressure, etc.
2.7. In order to verify reception of the notifications sent by the Application it is recommended for the Patient to enter the Application on a daily basis. In addition, for that same reason and for a proper performance of the Application.
3. Request for Permissions
3.1 Depending on your device, our Application may request certain permissions that allow it to access your device data. By default, you must grant these permissions before the respective information can be accessed. Once the permission has been given, you can revoke it at any time and it is your responsibility to monitor/adjust them in accordance with your preferences. In order to revoke these permissions, you may refer to the device settings. The exact procedure for controlling Application permissions may be dependent on your device and software. Please note that the revoking of such permissions might impact the proper functioning of the Application. If you grant any of the permissions listed below, your information may be collected by the Application:
3.2 Location: This permission is used to grant the Application access to transmit your device’s location. This is done to track mobility metrics such as walking asymmetry and physical activity metrics or for assessing your orientation capabilities in questionnaires.
3.3 Camera: This permission is needed to allow the Application to use your camera when taking pictures or video from within the Application. The Application will simply open your camera app so that you can take the picture to add to a report or record a video (watch mode). Once you have signed out of the Application, there are no functions used to access your camera.
3.4 Microphone: Almost identical to the camera permission, the microphone permission is requested so that the Application can record audio during a video recording. Your microphone cannot be accessed once you have signed out of the Application.
3.5 Request to grant permission to access device data will be requested upon the first use of certain Application features and will be saved automatically until you adjust them in accordance with your preferences.
4. Your Permitted Uses. You may only use the Application as-is, in accordance with the functions available and as made available by the Company, and in accordance with and subject to these Terms. You are allowed to download a copy of the Application to your mobile device (which could be a mobile phone or a tablet) through the application store available to You on Your device. You may only make personal, non-commercial use of the Application. The owner of the Application remains the Company, and the rights you are granted here to use the Application do not include any interest or right of title in the Application. If you are a user of the Galaxy web application, your use of the web application is governed under the applicable terms of use of the web application.
5. Account. Creating an Account. In order to use the services of the Application, you must have an account ("Account"). The Health Care Provider may create his/her Account. The Health Care Provider will establish an Account for his/her Patient and will generate a unique code for his/her Patient to be shared with him/her. When creating an Account for himself/herself or for his/her Patient, the Health Care Provider must provide accurate and complete information. For the Patient to use the Application, the Patient would need to insert the code shared with him/her to the Application. In this way the Health Care Provider invites his/her Patient to use the Application. You are solely responsible for the activity that occurs in Your Account, and if used with a password, you must keep your Account password secure. Without derogating from the generality of the foregoing, You are solely responsible for the activity that occurs in Your Account. You must notify the Company immediately of any breach of security or unauthorized use of Your Account. You are solely responsible and liable for the activity that occurs in connection with your Account. If You wish to delete Your Account You may send an email request to us at tomask@hit.ac.il.
6. The restrictions on use (things you are not allowed to do). You are not allowed in any way to do any of the following (and You are also not allowed to let or solicit anyone else do any of the following): (1) copy, reproduce, republish, frame, transmit, modify, display, reverse engineer, decompile, disassemble, sell, rent, lease, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, the Application Materials (defined below); (2) Use the Application or Application Materials for any commercial purpose, or for any public use; (3) Remove any copyright or other proprietary notations from the Application Materials; (4) Transfer the Application Materials to another person or machine other than what is necessary for use of the Application; (5) disrupt servers or networks connected to the Application (6) use or launch any automated system (including without limitation, "robots" and "spiders") to access the Application; and/or (7) circumvent, disable or otherwise interfere with security-related features of the Application or features that prevent or restrict use of any Content or that enforce limitations on use of the Application; (8) connect the Application to any other computer software, platform or system and/or transfer Patient’s Information to any other platform, system, computer software or the like, without Company’s prior written approval. If You use the Application in violation of these Terms, the Company may terminate Your license to use it, at any time and without prior notice.
7. Intellectual Property. The code of the Application (both in human and machine readable forms) and its design (the “Code”), and all of the content contained in the Application, which includes the Applications’ design (functional, graphic, UX and UI), logos, text, graphics, images, illustrations, designs, icons, photographs, video clips, audio, and other content materials (collectively, the "Content") are protected by patents, copyrights, trademarks, trade secrets and/or any other intellectual property rights under any applicable laws. The Code and the Content together form the Application Materials. All intellectual property rights in the Application Materials, are owned by the Company (or licensed to the Company by third parties who own those rights). The Company does not grant to you any express or implied rights to use the Application Materials, other than as expressly allowed under the section “Your Permitted Uses”.
8. Disclaimer. The Application is provided as is. Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Company does not warrant or make any promises or representations that using the Application will lead to certain results or achievements, and Company disclaims any warranties, express or implied, relating to any such outcomes. Company does not guarantee that the Application will be free of bugs, security breaches, or virus attacks. The Application may occasionally be unavailable for routine maintenance, upgrading, or other reasons. You agree that Company will not be held responsible for any consequences to You or any third party that may result from technical problems of the internet, slow connections, traffic congestion or overload of our or other servers. We do not warrant, endorse or guarantee any content, product, or service that is featured or advertised on the Application by a third party.
9. Medical Disclaimer. The use, information and Content in this Application, including the content provided by the Health Care Provider through this Application, is for informational purposes only. No information or Content in this Application or use of the Application is intended to be a substitute for professional medical advice, diagnosis, or treatment. The Application is not a medical application and has not been approved or vetted by any medical authority or regulatory agency. Always seek the advice of Your physician or other qualified health care provider, outside Your use of the Application, with any questions You may have regarding a medical condition or treatment and before undertaking a new health care regimen or practice, and never disregard professional medical advice or delay in seeking it because of Your use of the Application or something You have read in this Application. If You choose to rely on any information or Content provided by the Application, You do so solely at Your own risk.
10. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL COMPANY (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING FROM INJURY OR ANY OTHER HEALTH SITUATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE APPLICATION, OR (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE APPLICATION EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO COMPANY FOR USING THE APPLICATION DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
11. Application Changes and Modifications. Company will make reasonable efforts to keep the Application operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. Company may at its discretion, or as a result of technical, security, or legal or regulatory reasons, from time to time change the Application or Application Materials without any notice, provided however that it shall maintain a consistent level of functionality and benefit as reasonably expected from the Application.
12. Terms Modifications. Company may revise these Terms at any time and notification thereof shall be provided in accordance with your mobile app store policies. Any price changes for existing Plans during the Plan period are subject to your mobile app store policies.
13. Privacy. Our Privacy Notice is an integral part of these Terms, and it describes how we process and use your personal data (https://parkinson.hitheal.org.il/privacy).
14. Term and Termination. These Terms are effective until terminated by Company or You. Company, in its sole discretion, has the right to terminate these Terms and/or your access to the Application, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Company shall not be liable to You or any third party for termination of the Application, or any part thereof. If You object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Application in any way, Your only recourse is to immediately discontinue use of the Application. Upon termination of these Terms, You shall cease all use of the Application.
You may, at any time, request to terminate Your Account by contacting us at tomask@hit.ac.il Please note that merely uninstalling the Application won't delete Your account and its details.
Upon termination of these Terms or Your account, for any reason, Your right to use the Application and the services we provide is terminated and You must immediately cease using the Application; and we will not be liable to You for termination of access to the Application.
15. Independent Contractors. You and Company are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between You and Company. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Company.
16. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You but may be assigned by Company without restriction or notification to You.
17. Governing Law. Any claim relating to the Applications or these Terms shall be governed exclusively by the laws of the State of Israel, without regard to its conflict of law provisions. The Parties hereby submit to the exclusive jurisdiction of the competent courts of Tel-Aviv Jaffa, Israel.
18. General. These Terms shall constitute the entire agreement between you and the Company concerning the Application. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a Party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
19. Contacts. Company’s address is Holon Institute of Technology, 52 Golomb St. P.O.B. 305Hilon 5810201, Israel. For any question, query, or complaint, you may contact us at tomask@hit.ac.il.