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End User License Agreement

Last updated 1/23/2024

END USER LICENSE AND SERVICES EULA

PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY. THIS EULA IS A LEGALLY BINDING CONTRACT BETWEEN THE END USER IDENTIFIED BELOW, AND MY MEDICAL CONNECTIONS, INC. (“LICENSOR” OR “US” OR “WE”) AND GOVERNS YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICES IDENTIFIED BELOW.

IF YOU ARE REGISTERING AN ENTERPRISE ACCOUNT ON BEHALF OF AN ENTITY AND/OR ON BEHALF OF MULTIPLE END USERS, YOU ATTEST THAT YOU HAVE THE RIGHT TO BIND YOURSELF, THE ENTITY YOU REPRESENT, AND ALL END USERS UNDER YOUR ENTERPRISE ACCOUNT. 

THE PLATFORM AND SERVICES ARE ACCESSIBLE THROUGH OUR SITE AT EPROGRESSTRACKER.COM. OUR TERMS OF USE AND PRIVACY POLICY ARE DISPLAYED ON OUR SITE. PLEASE REVIEW THEM AT YOUR CONVENIENCE. BY USING THE SITE, YOU ARE AGREEING TO THE TERMS OF USE AND PRIVACY POLICY.

BY CLICKING THE “ACCEPT” OR “AGREE” BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND TO ALL OF THE TERMS AND CONDITIONS IN THIS EULA, AND THAT YOU ARE BINDING YOURSELF AND, IF APPLICABLE, THE ENTITY YOU REPRESENT AND ALL END USERS UNDER YOUR ENTERPRISE ACCOUNT. IF YOU DO NOT AGREE, YOU MUST DISCONTINUE THE END USER REGISTRATION PROCESS AND YOU WILL NOT BE GIVEN ACCESS TO THE PLATFORM OR THE SERVICES. YOUR USE OF THE PLATFORM AND ANY SERVICES PROVIDED THROUGH THE PLATFORM IS DEEMED AN AFFIRMATIVE CONSENT TO THE TERMS AND CONDITIONS IN THIS EULA.

WE MAY MODIFY OR AMEND THIS EULA AT ANY TIME. THE MOST CURRENT VERSION OF THE EULA WILL BE AVAILABLE ON OUR SITE. YOUR CONTINUED USE OF THE PLATFORM AND THE SERVICES WILL CONSTITUTE YOUR ACCEPTANCE OF ANY SUCH CHANGES.

 

  1. Definitions. The following capitalized terms shall have the meanings set forth below:

    1. “Business Associate Agreement” or “BAA” means the agreement entered into between an End User that is legal entity or business and operates as a medical provider to patients (as a Covered Entity) and Licensor (as the Business Associate) that governs Licensor’s right to access, receive, and /or create individually identifiable health information in carrying out its obligations to the Covered Entity as part of the Services provided to End User under this EULA and in compliance with the Privacy Rule, the Security Rule, and HIPAA, as defined therein.

    2. “Documentation” means the information provided by Licensor to End Users containing instructions for using the Platform, descriptions of the Platform and Services, and general FAQ.

    3. “End User” or “You” or “Your” means collectively, the individual (i) who has accepted this EULA and has registered an End User Account solely for themselves,  (ii) who is an Originating End User, has agreed to this EULA, has created an Enterprise Account and their own End User Account under that Enterprise Account; (iii)  who has an End User Account created for them by the Originating End User under an Enterprise Account; or (iv) who is a member of an Originating End User’s practice and has created their own End User Account under the Originating End User’s Enterprise Account.

    4. “End User Account” means a personal right of access to the Platform and Services (i) assigned by Licensor to an End User or Originating End User upon that individual’s successful completion of the registration process, or (ii) added by an Originating End User to their Enterprise Account, provided, that in all cases, End User Accounts must be activated by Licensor to enable access the Platform and Services.

    5. “End User Content” means PII, PHI, and such other data and information that an End User uploads to the Platform.

    6. “Enterprise Account” means an End User Account that is established by the Originating End User, and which may be used by such Originating End User and its employees or contractors pursuant to this EULA.

    7. “Intellectual Property” means the valuable and proprietary developments created and owned by Licensor, including by way of example, but not limitation, the Site, Software, Platform, Services, and all documentation, information, materials and data supplied by Licensor in any form, all underlying ideas, algorithms, concepts, procedures, processes, principles, know-how, and methods of operations, and all derivative works of such Intellectual Property.

    8. “Intellectual Property Rights” means all registered and unregistered patents, copyrights, trademarks, service marks, trade secrets, trade dress, moral rights, and related goodwill relating to or arising from Intellectual Property.

    9. “Originating End User” is the End User who enters into this EULA and creates an Enterprise Account.

    10. “Personal Identifiable Information or PII” has the meaning set forth in the Privacy Policy.   

    11. “Platform” means the location on the Site to which registered End Users having active End User Accounts are given access to the Services, and is comprised of Licensor’s proprietary Software and other Intellectual Property owned by or licensed to Licensor.

    12. “Protected Health Information” or “PHI” has the meaning found in 45 CFR § 164.501, and is limited to information created or received by Business Associate from or on behalf of Covered Entity, as these terms are defined in the BAA.

    13. “Services” means the provision to End User by Licensor of access to the Platform and certain services offered through the Platform, as selected by the End User which may include, without limitation,  as may be updated from time to time by Licensor in its sole discretion, and where necessary, subject to appropriate consents, (i) viewing and downloading information on case studies and related outcomes, (ii) uploading, downloading, managing, processing, and creating data (iii) sharing PHI and patient records, (iv) communicating messages among those End Users who are patients, providers, and medical practices, (v) scheduling appointments, and (vi) downloading and making limited copies of End User Content subject to the restrictions below. 

    14. “Site” means the Eprogresstracker website owned by Licensor and located at https://eprogresstracker.com through which End User may access the Platform and use the Services.

    15. “Software” means the technology in source code and object code formats, and all related methodologies, databases, functions, enhancements, features, modifications, updates, upgrades, new versions and derivatives related thereto and all Intellectual Property Rights arising therefrom which Licensor owns or uses to develop and provide the Site, Platform, and Services.

  2. End User Registration; Activation of End User Accounts.  

    1. In order to access and use the Platform and Service, you must create an End User Account by following the registration instructions on the Site and entering certain required information. Some of this information may be “Personally Identifiable Information” (or “PII”) as defined in and subject to our Privacy Policy. Please review our Privacy Policy to understand your rights. Licensor does not guarantee that your End User Account application will be approved or that you will be given access to the Site. Licensor may approve or reject your user registration application and activate or deactivate your End User Account in its sole and absolute discretion.

    2. If you the Originating End User, you acknowledge and agree that individual End User Accounts may be added to your Enterprise Account either (i) by you if you choose to create individual End User Accounts for your employees or contractors, or (ii) by other providers who are members of your medical practice who create their own End User Accounts under your Enterprise Account. If you actively add End Users to your Enterprise Account, you will have the authority to set the permissions and access rights for each individual End User Account that you add to your Enterprise Account. If a member of your practice creates their own End User Account under your Enterprise Account, you will be asked to authorize that End User Account and will have the option of rejecting the addition of that End User Account to your Enterprise Account.   If you are the Originating End User, you attest that all registration information you provide is truthful, complete, and accurate, and you assume joint and several liability for each End User Account that you create under your Enterprise Account. If your End User Account was created under an Enterprise Account by the Originating End User, you may update your password and any basic account information, but you will not have the authority to override or change the permissions and access rights established by the Originating End User. If you are an End User who is a member of the Originating End User’s practice and you have created your End User Account under that Originating End User’s Enterprise Account, notwithstanding the Originating End User’s authorization of your End User Account, you are solely responsible and liable for your own End User Account.

    3. If you are a Covered Entity, as identified in Section 1(a), you must execute a copy of our BAA, provided to you under separate cover, prior to our activation of your End User Account. Subject to execution of the BAA and our approval of your registration, your new End User Account will be activated, and you will be given access to and use of the Platform and Services. If you are an Originating End User of an Enterprise Account, once your own End User Account has been activated, you will have the authority to create new End User Accounts under your Enterprise Account. Each End User must sign off from the Platform at the end of each session. End Users may be required to confirm their user identification, passwords and other information in order to start a new session.

  3. License and Restrictions. 

    1. Subject to your affirmative consent to this EULA, your completion of the foregoing registration process, and Licensor’s approval of your registration and activation of your End User Account, Licensor grants End User during the Term (as defined herein) a limited, nonexclusive, nontransferable, non-assignable, non-sublicensable, revocable license to access and use the Platform, the Software comprising the Platform, and the Services provided through the Platform solely for the following “Permitted Purposes”: 

 

(i) If End User operates as a business (regardless of whether the business is formed as a legal entity, and regardless of whether it is for-profit or not-for-profit business), the business End User may only use and allow use of the Platform, Software and Services for its internal business purposes (including, by way of example, creation of an Enterprise Account, adding End User Accounts, and enabling its End User Account holders to assist its patients and customers). 

 

(ii) If End User is an individual, End User may only use the Platform, Software and Services for their personal use and benefit. In all cases the restrictions in Section 3(b) apply. No other rights are granted, whether express or implied.

  1. Restrictions. End User may not (and may not permit any third party to): (i) modify, incorporate or use in any other works, translate, reverse engineer, decompile, disassemble, otherwise attempt to derive source code from or create derivative works based on the Platform, Software or Services; (ii) make unauthorized copies of the Software; (iii) provide Platform access to any individual or entity that is not an authorized End User under your Enterprise Account; (iv) disclose, distribute, transfer or market the Platform, Software, or Services to third parties; (v) remove or modify any proprietary notices, labels or marks on or in any copy of the Platform or Software; (vi) distribute, sell, sublicense, rent, lease or use the Platform or Software (or any portion thereof) for time sharing, hosting, service provider or other computer services to third parties or otherwise make the functionality of the Platform or Software available to third parties; (vii) disseminate (whether publicly or privately) any PII or PHI of any other End User without having received the prior written consent from such End User; (viii) disseminate any performance information or analysis (including, without limitation, benchmarks and performance tests) from any source relating to the Platform, Software, or Services; or (ix) use the Platform or Services for any reason outside the scope of the Permitted Purposes. 

  1. Support and Maintenance. Licensor will use commercially reasonable efforts to update the Platform, Services and Site as it deems necessary and proper and will further use commercially reasonable efforts to assist End User with support questions and general trouble shooting to enable End User to access and use the Platform, Services and Site. 

  2. Access to Services; End User Content. 

    1. Accessing Services. Except as explicitly set forth herein, End User is solely responsible for acquiring and maintaining all of the equipment, software, services and items necessary to access and make use of the Platform and Services, including without limitation paying all charges, taxes, and other costs and fees related to End User’s internet access. End User may access the Platform and Services only as a registered End User through the Site. End User is solely responsible for maintaining the confidentiality of their user name, passwords and account information required to access Site, Platform, and Services, and for the End User Content (as defined below) that End User uploads or downloads through the Platform. End User shall immediately notify Licensor upon its discovery of any unauthorized use of End User’s user name, passwords and/or account information. Licensor shall have the right to suspend End User’s access to the Platform and Services until the situation is resolved to Licensor’s reasonable satisfaction. Licensor shall have no liability to End User for any unauthorized access or use of End User’s user name, passwords and/or account information, or for any errors, malfunctions or performance issues with any equipment, software, hardware, servers or telecom networks used by End User.

    2. Authorization. End User hereby grants Licensor a nonexclusive, worldwide, fully paid-up, royalty-free license to use, host, transfer, display, and in addition, if acting as the Business Associate under the BAA, make available such End User’s End User Content to those other End Users who are permitted by the End User to view that individual’s End User Content. The foregoing rights are only provided and used by Licensor to the extent necessary for Licensor to provide the Platform and Services as set forth herein. Licensor does not actively share End User Content with any other End User of the Platform; rather, Licensor acts solely as the transmitter of such End User Content. As the End User, you are responsible for designating through the Platform to whom your End User Content may be shared. 

  3. Fees.  Those End Users who are medical professionals providing medical services (e.g., physicians, health care providers, medical organizations or entities, brand owners, researchers, etc.) will be charged a subscription fee for the right to access and use the Platform and Services. Subscription fees may vary and will be presented during the subscription process. License fees and payment terms will be provided to you on the Site at the time of purchase. If you are an individual patient or caregiver, your license to the Platform and Services is provided at no charge. You may have the option, for an additional charge, of subscribing to benefits packages as may be offered by Licensor from time to time through the Site.  

  4. Privacy and Security. End User acknowledges and agrees that Licensor’s use of any PHI that End User uploads through the Platform is governed by the BAA and that End User must consent to Licensor’s BAA as a condition precedent to being granted a User Account. End User further acknowledges and agrees that the Services provided by Licensor may include the right of End User to upload, share, and disseminate through the Platform End User Content containing PII or PHI of the End User or of other End Users or third parties. You represent and warrant that you have obtained all necessary consents from each End User and third party to use, upload, and share such End User’s or third party’s End User Content with Licensor through the Platform and the Services. The terms of the Privacy Policy and BAA will apply to such End User Content. We will secure End User Content containing PHI pursuant to the terms set forth in the BAA.

  5. Ownership; Confidentiality; Intellectual Property Rights. The Site, Software, Platform, Services, and all documentation, including certificate of analysis data, expert opinions, reports, product specifics, product use and recommendations, and any information and materials provided by Licensor to End User are collectively the Intellectual Property and confidential information of Licensor. As between End User and Licensor, all right, title, and interest in and to the foregoing Intellectual Property and all associated Intellectual Property Rights, are and shall remain owned solely and exclusively by Licensor. Certain of Licensor’s Intellectual Property is protected by United States Copyright Law and International Treaty provisions. You agree that in addition to the license restrictions set forth above, you must protect all Licensor Intellectual Property in your possession from unauthorized use and disclosure, and you are strictly prohibited from using or disclosing Licensor’s Intellectual Property for any reason outside the scope of the Permitted Purposes. Other than as expressly set forth in this EULA, no license or other rights in or to Licensor’s Intellectual Property are granted to End User, and all such licenses and rights are hereby expressly reserved.   

  6. Warranty Disclaimer. Licensor is not an information provider. The Platform and Services are communication tools that are provided as a conduit for the transmitting and sharing of End User Content. The End User Content you choose to share and receive and how you use and interpret End User Content is solely at your discretion. We do not control, review or vet any End User Content or any other information uploaded to the Site or through the Platform. Your use of the Platform, Site and Services and any End User Content or other information is at your sole risk.

THE PLATFORM, SITE, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND LICENSOR MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE THAT USE OF THE PLATFORM, SITE, OR ANY SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR DEFECT-FREE, SECURE, OR AVAILABLE AT ALL TIMES. THE PLATFORM, SITE AND SERVICES ARE MADE AVAILABLE THROUGH THE INTERNET OVER WHICH LICENSOR HAS NO CONTROL; ACCORDINGLY, LICENSOR MAKES NO WARRANTIES OR GUARANTEES REGARDING AVAILABILITY OF THE SITE OR ACCESS TO THE PLATFORM OR SERVICES THEREON. LICENSOR HEREBY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 

  1. Limitations of Liability. IN NO EVENT WILL LICENSOR BE LIABLE TO END USER OR ANY SUCCESSOR, BENEFICIARY OR RELATED PARTY TO END USER FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF DATA OR USE, INTERRUPTION OF THE SITE, PLATFORM OR SERVICES, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. END USER ACKNOWLEDGES AND AGREES THAT THE LIMITATIONS OF LIABILITY IN THIS EULA ACCURATELY REPRESENT THE BENEFIT OF THE BARGAIN. 

 

  1. Term and Termination. 

    1. This EULA and the license rights granted hereunder will commence upon End User’s completed registration and activation by Licensor of the End User Account, and will continue for the duration of the subscription period you have chosen during the registration process or until earlier terminated as set forth herein (the “Term”). Licensor may, if it deems it necessary in its sole and absolute discretion, deny any End User access to the Platform and Services, temporarily suspend an End User, or terminate any End User’s license and this EULA with respect to that End User if Licensor has reasonable cause to believe that (i) such End User’s registration information is false, misleading, inaccurate or suspicious, (ii) such End User has violated this EULA or the Terms of Use, (iii) such End User’s use of the Platform or Services is a security threat or could cause harm to Licensor or Licensor’s business or to other End Users, (iv) such End User’s use of the Platform or Services could impact Licensor’s or another End User’s safety, confidentiality, privacy or ability to use the Platform and Services, or (v) for any other business reasons that Licensor deems necessary, reasonable and proper. End User agrees that if, at Licensor determines in its sole discretion that End User is using the Platform or Services in a manner that violates laws, rules or regulations or creates an excessive burden or potential adverse impact on Licensor or other End Users, Licensor may suspend or terminate End User’s access to the Platform and Services without notice to or liability to End User.

    2. End User may terminate this EULA for convenience at any time by notifying Licensor in writing, and within a reasonable time thereafter, Licensor will deactivate such End User’s account.

    3. Upon termination of this EULA for any reason, Licensor will deactivate your End User Account and terminate your access to the Platform and Services, provided, that End User may still access the Site and the information provided on the Site if permitted by Licensor and subject in all cases to the Terms of Use. If you have registered for an Enterprise Account, upon deactivation of the Enterprise Account, all End Users under that Enterprise Account will lose access to the Platform and Services. Licensor may retain copies of End User Content for archival purposes and if required by law. 

    4. Sections 7, 8, 9, 10 and 13 of this EULA will survive its termination.

  2. Force Majeure. Licensor will not be liable to End User for any delay or failure to perform any obligation under this EULA if the delay or failure is due to any circumstances beyond Licensor’s reasonable control.

Miscellaneous Provisions. Nothing in this EULA authorizes Licensor or End User to act as an agent of the other or bind the other to any transaction or agreement. This EULA will bind and inure to the benefit of each party’s permitted successors and assigns. Licensor may assign or transfer this EULA in whole or in part by operation of law or otherwise, without End User’s prior written consent. End User’s license and rights under this EULA are not assignable without Licensor’s prior written consent, and any attempt to transfer or assign this EULA without Licensor’s written consent will be null and void. In the event any provision of this EULA shall be determined to be invalid or unenforceable under law, all other provisions of this EULA shall continue in full force and effect. This EULA contains the entire agreement of the parties with respect to the subject matter of this EULA and supersedes all previous communications, representations, understandings and agreements, either oral or written between the parties with respect to said subject matter. This EULA may be modified by Licensor upon notice to End Users as provided on the Site and by updating the date at the end of this EULA. End Users should regularly review the Site for any changes or updates to this EULA or to the Terms of Use or Privacy Policy incorporated herein. A waiver of any breach under this EULA shall not constitute a waiver or any other breach or future breaches. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed to have been duly given if delivered via the Site mailbox, email, SMS (text message), dashboard notification, or posted on the Site. This EULA will be interpreted and construed in accordance with the laws of the State of California without regard to conflict of law principles. The provisions of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act will not apply to this EULA in any manner whatsoever.

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