Wave Neuroscience MeRT Patient Portal Terms and Conditions of use.
This Patient Portal (the “Portal”) is a web-enabled portal made available by WaveNeuroscience Inc. (“WaveNeuroscience” “We” or “Us”) for the purpose of helping patients and their treating health care providers (“Providers”) manage treatment of neurological conditions.
BY CLICKING “I AGREE”, YOU AFFIRM THAT YOU HAVE READ AND UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.
Your Provider has entered into one or more agreements withWave Neuroscience to use our software and hardware technologies and/or our technical consulting expertise to augment and assist with Your care. WaveNeuroscience is making this Portal available to You as a convenience at the request of Your Provider. Any access to, or use of, Portal is subject to theseTerms and Conditions of Use (“Terms”). By registering to use the Portal, clicking “I agree” below, or accessing or using any portion of Portal, you (“You”) agree to be bound by these Terms. Your use of thisPortal is voluntary. If You do not agree to these Terms, then You may not use or access any portion of this Portal. However, Your ability to continue to receive treatment from Your Provider will not be impacted.
THE INFORMATION PROVIDED ON THE PORTAL IS NOT A SUBSTITUTE FOR THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL. ALWAYS SEEK THE ADVICE OFA PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL WITH ANY QUESTIONS YOUMAY HAVE REGARDING YOUR MEDICAL SYMPTOMS OR A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE PORTAL.
THE PORTAL IS NOT FOR EMERGENCIES OR URGENT SITUATIONS. IFYOU THINK YOU MAY HAVE A MEDICAL EMERGENCY OR URGENT SITUATION, CALL YOUR PROVIDER OR 911 IMMEDIATELY.
1. Use of the Portal.
1.1 UserQualifications. Use of the Portal is limited to individuals who are at least 18 years of age, or those between 13-17 years of age with the written permission of a parent, guardian or other authorized representative who is at least 18 years of age or who have been legally emancipated. By accessing the Portal, You represent that (1) you meet the age requirement and possess the legal right, capacity, and ability to enter into and abide by these Terms; (2)You will register for use of the Portal only under Your own name; (3) You will use the Portal only in connection with Your medical care, or the medical care of a patient for whom You are a Responsible Party (see below); and (4) the registration information You submit is correct, true, and complete. It is a violation of law to misrepresent Yourself to gain access to someone else’s health data, and any unauthorized activities may be subject to prosecution. In addition to these Terms, Your access to and use of the Portal is subject to all applicable federal, state, and local laws and regulations.
1.2 Responsible Parties. A Responsible Party means: (i) the parent or legal guardian of a patient under the age of 18; (ii) a legal representative of a patient with appropriate legal documentation; or (iii) a person designated by a patient whois a qualified user above as a delegate to have access to their health information maintained in the Portal. If You are appointed as a Responsible Party for a patient and the circumstances that qualified You as a Responsible Party change, You must notify Wave Neuroscience immediately. Wave Neuroscience reserves the right to revoke Responsible Party access at any time for any reason. Responsible Party access is subject to federal and state data privacy, security and confidentiality laws which may require Wave Neuroscience and/orProviders to limit, or in some cases prohibit, Responsible Party accounts and/or Responsible Party access to certain patient information in the Portal.
1.3 Registration. You may only register for an account if Your Provider is an active subscriber to Wave Neuroscience products and services. To register for the Portal, visit https://mymert.health. Your registration request will be reviewed by Your Provider. Alternatively, You may also ask Your Provider for assistance with Your registration.
1.4 Support. WaveNeuroscience provides technical support if You forget your username or password. To obtain technical support if you forgot username or password, follow the instructions stated in the Portal or email support@waveneuro.com. All other questions or concerns related to the Portal should be directed to Your Provider.
2. Scope of Use
2.1 Generally. Subject to these Terms, You are authorized (on a limited, revocable, non-transferable and non-exclusive basis) to (i) access the Portal solely for Your personal use(either in the capacity of a patient, or as a Responsible Party for a patient)and for no other purpose, and (ii) view and/or download a copy of Your health information. You may use material available through the Portal solely for Your personal, noncommercial use. You may not allow any other person to use Your account or pose as You in connection with the Portal. You may not share Your Portal password or other access credentials with any other person. You are solely responsible for any use of the Portal made through Your account or access credentials. You must immediately notify Wave Neuroscience if You suspect there has been, or may be, any unauthorized access to Your account or the Portal. Wave Neuroscience (and/or its licensor(s)) retains all right, title, and interest in the Portal and any content, products, documentation, software or other materials available on or through the Portal, including any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing.
2.2 Restrictions. You agree not to access or use the Portal in an unlawful way or for any unlawful purpose. You agree not to upload or transmit: (a) a message under a false name; or (b) any information which (i) is libelous, defamatory, obscene, harassing, threatening, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or (ii) contains any virus, worm, Trojan horse or other code which is contaminating or destructive any files or programs related to the Portal or any of its users. Wave Neuroscience reserves the right to delete any information provided by You that Wave Neuroscience deems in our sole discretion to be libelous, defamatory, obscene, harassing, threatening, fraudulent, false or in violation of a copyright, trademark or other intellectual property or ownership right of any other person. Further, You agree to not attempt to test, probe, or circumvent any privacy, confidentiality, security or like measures protecting the Portal or related systems. You shall not reverse-engineer, disassemble, decompile, download, print, publish, reproduce, transcribe, store in a retrieval system, translate into any language or computer language, re-transmit in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), redistribute, sell, resell or otherwise put to commercial use of any the content, data, information or other materials provided or accessible through the Portal. You shall not use any robot, spider, other automated device, or manual process, or any third party to do any of the foregoing.
3. Portal Features
3.1 Features. The Portal will enable you to view clinical information related to Your treatment, including your demographic information, EEG reports, treatment progress, and physician analysis. The Portal will also prompt you to complete questionnaires related to your current health condition and your treatment (e.g., “How Are You Feeling Today?” on a 1-10 scale). ANY QUESTIONS ABOUT YOUR CLINICAL INFORMATION SHOULD BE DIRECTED TO YOUR PROVIDER.
3.2 Electronic Communications. You agree Wave Neuroscience may contact you by email, through the Portal or otherwise, in connection with your use of the Portal or otherwise relating to the Portal or its contents. These notices, messages, or alerts may contain important information regarding your use of the Portal or the health-related services or information it contains, including without limitation, your plan of care through Your Provider and reminders to take questionnaires. It is Your responsibility to read these notices, message, and alerts in a timely manner and contact Your Provider with any questions.
4. Use of Your Data
4.1 General. Wave Neuroscience respects Your privacy and takes our privacy obligations very seriously. In connection with Your access to and use of the Portal, Wave Neuroscience may – on behalf of Your Provider –create, receive, maintain or transmit information related to You that You or Your Provider have uploaded or transmitted to the Portal or have otherwise generated in the Portal. This information may include, but is not limited to, Your demographic and contact information, health information, account activity, or images or other reports related to Your medical care (collectively, “Your Data”).
4.2 HIPAA. Your Provider and Wave Neuroscience have entered into an agreement, called a Business Associate Agreement, that restricts how Wave Neuroscience can use Your Data, which is generally considered protected health information subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and its implementing regulations, or other applicable medical privacy laws. Wave Neuroscience acts as a Business Associate to Your Provider for all PHI-related processing in the Portal. For more information about the conditions and limitations that apply to our use of Your Data, please ask Your Provider or consult Your Provider’s Notice of Privacy Practices. Except as otherwise agreed with Your Provider, Wave Neuroscience retains the right to collect, store, process, maintain, upload, sync, transmit, share, disclose and otherwise use Your Data to provide and optimize the Portal, including, but not limited to, for the purposes of authentication, software updates, support and maintenance, and other enhancements.To the extent we wish to use Your Data in a manner not permitted under HIPAA and our Business Associate Agreement with Your Provider, we will get your written permission to do so, in consultation with Your Provider to ensure each of our respective legal obligations are met where applicable.
5. Security
5.1 Security Controls. Wave Neuroscience uses appropriate administrative, technical, and physical safeguards to ensure the confidentiality, integrity, and availability of Your Data and complies with the applicable requirements of the HIPAA Security Rule and the terms of our Business Associate Agreement with Your Provider with respect to the security of Your Data.
5.2 Passwords. Access to the Portal is secured by unique usernames and passwords. You will choose Your username and password when registering for access. You agree to maintain Your username and password in strict confidence. You agree that you will not share Your username or password with any third party or allow another person to access the Portal using Your username and password. You agree that you will immediately notify the Your Provider’s technical support if you have any reason to believe that Your username or password has been lost or compromised or misused in any way.
5.3 Devices used to access the Portal. You or Your Provider are responsible for procuring, installing, and maintaining all equipment and systems necessary for You to access the Portal. Where You are using your own device to access the Portal, you agree not to access the Portal from any device, including without limitation, mobile devices, PCs, or laptops, without sufficient security controls. You agree, at a minimum, to use: (i) anti-malware software, (ii)current anti-virus definitions; (iii) current operating system updates.
5.4 Disclaimer. Wave Neuroscience is not responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers. Wave Neuroscience takes no responsibility for, and disclaims any and all liability to you or anyone else resulting from, arising out of or in anyway relating to or connected with, directly or indirectly, Portal confidentiality, privacy or security failures due in whole or in part to any act or omission by You or any third party, including without limitation not logging out of an active session; use of Your Portal account from a publicly available computer or Internet kiosk (e.g. a computer in a public library or hotel business center; downloading, printing, publishing, reproducing, transcribing, storing, transmitting in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), redistributing or selling information from the Portal; user computer settings or installed software products that may compromise information security; failure to maintain anti-virus software or regularly apply software updates on the user's computer; or any other acts, omission, events or circumstances outside Wave Neuroscience’s direct control.While Wave Neuroscience uses industry standard security, no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information. When using the Portal, information will be transmitted over a medium that is beyond the control of Wave Neuroscience and its contractors. YOU HEREBY EXPRESSLY ASSUME THE SOLE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE PORTAL.
6. Availability and Support
6.1 Availability. Wave Neuroscience will use commercially reasonable efforts to make the Portal available to You. However, the Portal may not be available at all times due to system failures, back-up procedures, maintenance, or other causes. Wave Neuroscience does not guarantee any specific uptime or availability level. Access is provided on an"AS-IS, AS-AVAILABLE" BASIS.
6.2 No Fees. There are no fees charged by Wave Neuroscience to patients for access to or use of the Portal. Any fees for healthcare services are separately determined by Your Provider.
7. Portability and Data Access
7.1 Access to Your Medical Records. You have the right under HIPAA and other applicable laws to inspect and obtain a copy of your medical records. To request access to or copies of your medical records, or to request corrections to your medical records, please contact Your Provider directly.
7.2 Download and Export. The Portal allows You to download certain information for Your personal records. While not all administrative or internal clinical notes may be available for immediate download, you generally have the ability to export your EEGs, reports or clinical summaries.
8. Termination
8.1 Termination. These Terms shall commence upon the date you first access or use the Portal and/or complete the registration process. You are not required to utilize the Portal and may discontinue usage at any time. Wave Neuroscience may terminate these Terms and Your right to use the Portal at any time, with or without cause, and Wave Neuroscience reserves the right to revoke, modify, or deactivate Your Portal account at any time for any reason. These Terms and Your right to access the Portal shall terminate without notice in the event You fail to comply with these Terms, or any rules for use of the Portal promulgated by Wave Neuroscience or Your care provider from time to time.
8.2 Effect of Termination. Nothing in this Section limits your rights under HIPAA or other applicable laws to inspect or obtain a copy of your medical records through Your Provider.
9.Disclaimers/Liability
9.1 Disclaimer. I UNDERSTAND THAT WAVE NEUROSCIENCE TAKES NO RESPONSIBILITY FORAND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM ANY INACCURACIES OR DEFECTS IN SOFTWARE, COMMUNICATION LINES, VIRTUAL PRIVATE NETWORK, THE INTERNET OR MY INTERNET SERVICE PROVIDER (ISP), ACCESS SYSTEM, COMPUTER HARDWARE OR SOFTWARE,OR ANY OTHER SERVICE OR DEVICE THAT I USE TO ACCESS THE PORTAL. I UNDERSTAND THAT THE PORTAL MAY NOT BE AVAILABLE TO ME AT ALL TIMES DUE TO SYSTEM FAILURES,BACK-UP PROCEDURES, MAINTENANCE, OR OTHER CAUSES. ACCESS IS PROVIDED ON AN"AS-IS, AS-AVAILABLE" BASIS AND WAVE NEUROSCIENCE DOES NOT GUARANTEE THAT I WILL BE ABLE TO ACCESS THE PORTAL AT ANY PARTICULAR TIME. THE PORTAL,ITS CONTENT AND ALL SITE-RELATED SERVICES ARE PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS STRAINS. I ASSUME TOTAL RESPONSIBILITY AND RISK FORMY USE OF THE PORTAL, ALL SITE-RELATED SERVICES, AND THIRD PARTY WEB SITES. NOORAL OR WRITTEN INFORMATION OR ADVICE GIVEN WAVE NEUROSCIENCE, YOUR PROVIDER,OR THEIR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THE PORTAL. WITHOUT LIMITING THE FOREGOING, WAVE NEUROSCIENCE ANDITS AFFILIATES MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS,USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE PORTAL AND OTHER SERVICES PROVIDED HEREUNDER.
9.2 Limitation of Liability. You, on Your own behalf and that of any other person or entity who may claim by or through you or on Your behalf, as well as on behalf of any person or entity accessing the Portal using Your account or password, agree that neither Wave Neuroscience, our affiliates, or our or their respective officers, trustees, directors, employees, contractors or agents, nor our or their respective successors and assigns (collectively, the “Wave Neuroscience Parties”), shall have any responsibility or liability to you or anyone else, under any theory of liability (including but not limited to claims based upon negligence), under these Terms or otherwise in connection with Your use of the Portal, the information or material contained in or accessible, provided or obtained through the Portal or any decision made or not made or action taken or not taken based in whole or in part upon such information or material. Except as otherwise prohibited by law, under no circumstances will Wave Neuroscience be responsible or liable to you or anyone else for any indirect, special, incidental, consequential, exemplary, punitive or any other damages of any such type, regardless of the legal theory under which such damages are sought (including but not limited to claims based upon negligence), arising under, in connection with or otherwise relating to these Terms or otherwise in connection with Your use of the Portal, the information or material contained in or accessible, provided or obtained through the Portal, or any decision made or not made or action taken or not taken based in whole or in part upon such information or material, even if informed of the possibility of such damages.Your sole and exclusive remedy for Your dissatisfaction with the Portal or Your disagreement with these Terms will be to stop using the Portal.
9.3 Release. To the maximum extent permitted by applicable law, you, on Your own behalf and that of any other person or entity who may claim by or through you or on Your behalf, as well as on behalf of any person or entity accessing the Portal using Your account or password, hereby release and forever waive any and all claims you may have against the Wave Neuroscience Parties under any theory of liability (including but not limited to claims based upon negligence), for any and all liabilities, losses, damages, injuries, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys' fees and other legal costs or expenses), of every kind and nature, arising out of, relating toor otherwise in any way connected with, directly or indirectly, these Terms or otherwise in connection with Your use of the Portal, the information or material contained in or accessible, provided or obtained through the Portal, or any decision made or not made or action taken or not taken based in whole orin part upon such information or material.
9.4 Indemnity. You, on Your own behalf and that of any other person or entity who may claim by or through you or on Your behalf, as well as on behalf of any person or entity accessing the Portal using Your account or password, agree to indemnify, defend, and hold the Wave Neuroscience Parties against any and all claims, demands, actions, liabilities, losses, damages, injuries, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys' fees and other legal costs or expenses) brought or awarded against, suffered, incurred, paid or payable by one or more of the Wave Neuroscience Parties arising out of, relating to or otherwise connected with, directly or indirectly, these Terms, Your acts or omissions hereunder (including Your breach hereof), or otherwise in connection with Your use of the Portal, the information or material contained in or accessible, provided or obtained through the Portal, or any decision made or action taken or not taken based in whole or in part upon such information or material.
9.5 Equitable Relief. You acknowledge that the recovery or threatened breach of damages, indemnities or other compensation hereunder may not be an adequate means to redress a breach of these Terms by you and, accordingly, you specifically agree that any or all of the Wave Neuroscience Parties shall have the right of injunctive relief and specific performance hereof, without the requirement of proving damages, or posting bond or other surety, in addition to any other available remedies they may have hereunder or otherwise at law or equity.
9.6 Other Limitations. Any cause of action or claim You may have with respect to the Portal or these Terms must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable. To the fullest extent permitted by law, You waive any right to a jury trial with respect to any dispute or other controversy arising from these Terms or the Portal.
10. Privacy Notice. Wave Neuroscience maintains a separate Privacy Notice that describes how we collect, use, and disclose information through the Portal. Your Provider also maintains a Notice of Privacy Practices that describes how Your Provider handles your health information. Please review both notices to understand how your information is handled.
11. General Provisions
11.1 Changes and Revisions. Wave Neuroscience reserves complete and sole discretion with respect to the operation of the Portal, and Wave Neuroscience may, among other things withdraw, suspend or discontinue any or all functionality or feature of the Portal at any time and without notice. Wave Neuroscience may also revise these Terms at any time by posting the revised Terms through the Portal and/or otherwise notifying You. All revised Terms are automatically effective as soon as they are posted or provided. Your continued use of the Portal constitutes Your agreement to be bound by the revised Terms.
11.2 Assignment. You may not assign or transfer Your rights or obligations under these Terms without Wave Neuroscience’s prior written consent. Any other assignment or transfer by You is void. Wave Neuroscience may assign or delegate these Terms, in whole or in part, at anytime.
11.3 Entire Agreement. These Terms constitute the entire agreement between You and Wave Neuroscience with respect to the Portal, superseding all other prior agreements that might exist.
11.4 Miscellaneous. The provisions of these Terms are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable. Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of these Terms, shall not be considered waiver thereof, which can only be made by a signed writing. No single waiver shall be considered a continuing or permanent waiver.
11.5 Governing Law/Venue. These Terms are governed by the laws of the State of Delaware without regard to principles of conflicts of laws, and the state and federal courts sitting in Delaware shall have proper and exclusive jurisdiction and venue over any disputes arising from or relating to these Terms or the Portal.
BY CLICKING “I AGREE”, YOU AFFIRM THAT YOU HAVE READ AND UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.