Terms of Use
The MyCareLink
HeartTM
Application ("Licensed Application") is provided by Medtronic, Inc.
(“Medtronic”) to monitor and transmit data from a Medtronic implanted heart
device (“Heart Device”) to the Medtronic CareLink®
Network (“CareLink Network”) via a mobile device. The Licensed Application can be used by a
patient that has been prescribed the Licensed Application by a physician
(“Patient”). The Licensed Application may
also allow a Patient to enter information into a journal within the Licensed
Application, including symptoms or other medical information (“Symptom
Journal”). The Symptom Journal In
addition, the Licensed Application may allow for collection of certain
information about the Patient—e.g., weight, blood pressure, and/or heart rate (“Vitals
Tracking”) via manual entry by the Patient. By installing or using the Licensed
Application to transmit Heart Device data to the Medtronic CareLink
Network, or to view the same, you represent that you are a Patient. You agree
to the terms and conditions in these Terms of Use that apply to residents of
your country (this "Agreement").
These Terms of
Use were last revised on February 6, 2019. We may change these Terms of Use at
any time and for any reason. and will duly inform you of any substantial
changes. By using the Licensed Application, it means you accept the most recent
version of the Terms of Use and any subsequent version thereof.
This Licensed Application does not
render medical advice. The Licensed Application content is not in any way a
substitute for professional medical examination or assessment of a patient’s
condition by a healthcare professional. All content is general, is presented in
summary form, and is provided for information purposes only to support
collaboration between a healthcare professional and his/her patient. This
Licensed Application is not intended for use in the diagnosis of disease or
other conditions, or in the cure, mitigation, treatment, or prevention of
disease. Do not rely on content, guidelines, products or any other service
offered by or through this Licensed Application for making a medical or
clinical diagnosis or decision, or for prescribing management or treatment for
a patient’s condition.
Limited
License Grant.
Medtronic owns all right, title, and interest to, including all intellectual
property rights in, the Licensed Application and grants to you solely a
nonexclusive, nontransferable, non-assignable, non-sublicensable, worldwide,
perpetual license to install and use a
copy of the Licensed Application on your compatible mobile device solely to monitor
and transmit data from your Heart Device, to make entries in the Symptom
Journal, to make Vitals Tracking entries, and to review educational material. You
may not copy, modify, reverse engineer, decompile, disassemble, otherwise
attempt to derive the source code, create derivative works based on, or
integrate with other computer systems or programs the Licensed Application
without the prior written consent of Medtronic.
Visual
Studio Code.
Some or all of Visual Studio Enterprise 2015 with MSDN software licensed from
Microsoft is incorporated into the Licensed Application. You agree to
indemnify, defend, and hold harmless Microsoft from any claims, including
attorneys’ fees, related to the distribution or use of the Licensed
Application, except to the extent that any claim is based solely on the Visual
Studio Enterprise 2015 with MSDN code included in the Licensed Application.
Connecting
the Licensed Application with the Medtronic CareLink
Network. In order to connect this Licensed
Application with the CareLink Network, Patient’s health
care provider will provide Patient with the serial number for their Heart
Device. Patient should follow the steps outlined in the Licensed Application
and enter such number when prompted to do so in the Licensed Application. If Patient does not enter such number, the
Licensed Application will not be connected with the CareLink
Network and Patient will not be able to transmit data to his or her health care
provider. Until Patient’s health care
provider has enrolled Patient in the CareLink Network,
Patient will not be able to transmit data to his or her health care provider
using the Licensed Application.
CareLink Network Terms of Use. You acknowledge that Medtronic provides a
service to Patient’s associated health care provider that enables Patient’s physician
to remotely and securely access Patient’s Heart Device data that is sent to the
CareLink Network using the Licensed Application. This
service is governed by the CareLink related agreements
entered into between Medtronic or its affiliates and Patient’s associated health
care provider (“CareLink Agreement”).
Business
Associate Agreement. (This paragraph applies only to United States
residents.) Medtronic also
has an agreement with Patient’s health care provider known as a Business
Associate Agreement, that is intended to protect the security and privacy of
the Heart Device data that is transmitted using the Licensed Application as
required by HIPAA, and Patient should consult his or her physician if he or she
has questions about any of the CareLink Agreement,
the Business Associate Agreement, or the Heart Device data. Patient agrees that the Heart Device data
that is transmitted to the CareLink Network using the
Licensed Application will be governed by the CareLink
Agreement and the Business Associate Agreement.
The purpose of this Agreement is to highlight certain important
conditions of your use of the Licensed Application and is not intended to alter
or contradict either the CareLink Agreement or the
Business Associate Agreement. If Patient’s health care provider has not yet
entered into a Business Associate Agreement with Medtronic or if Patient’s health
care provider has not yet enrolled Patient in the CareLink
Network, Patient hereby consents to Medtronic transmitting data to the CareLink Network using the Licensed Application.
Your Mobile Device. You have sole responsibility for any fees or
charges, including data charges, incurred by you in connection with your use of
the Licensed Application. Medtronic is
not responsible for the suitability, functionality and performance of either
your mobile device or your internet or cellular connectivity. You must use a commercially released mobile
device that has not been modified and is compatible with the Licensed
Application that you install. You agree you
are solely responsible for the security of your mobile device, its passwords
and any usage or activities that occur in connection with the Licensed
Application and your mobile device. You
must ensure that your mobile device has the capability to guard against
infection by unauthorized software, such as viruses and malware. You agree to use the Licensed Application
only for legitimate purposes and not for any malicious purpose.
Security/Privacy of Your Data.
You acknowledge that a log in is required to access the Licensed
Application. The Licensed Application
will continue to run unless you delete the application. The Licensed
Application does not transmit data if you are not logged in. You further
acknowledge that you are solely responsible for maintaining the confidentiality
and security of any of your data available via the Licensed Application on your
mobile device, including by using an ID and password credentials for your
mobile device. You acknowledge that a
separate Privacy Statement provides you with information on how Medtronic
protects and uses information about you gathered through this Licensed
Application.
Additional
Acknowledgements.
Patient acknowledges that the Licensed Application is not the exclusive method to
transfer his or her implanted cardiac device data to his or her associated health
care provider. Patient also acknowledges that the Licensed Application is not
intended to be used as a life-sustaining or interventional tool during medical
emergencies, or for active monitoring of his or her implanted cardiac device. Patient
further acknowledges that Medtronic is not his or her physician or other
provider of patient health care services by virtue of transferring implanted
device data via the Medtronic CareLink Network and
the Licensed Application. Patient also acknowledges that information from the
Licensed Application is not an electronic medical record and does not provide him
or her with full access to the implantable cardiac device data, or full access
to the CareLink Network beyond the transmission of
the implantable cardiac device data to the CareLink
Network. Patient acknowledges that his
or her use of the Licensed Application must be consistent with his or her physician’s
instructions and advice. You represent and warrant that (i)
you are not located in a country that is subject to a U.S. Government embargo,
or that has been designated by the U.S. Government as a "terrorist
supporting" country, and (ii) you are not listed on any U.S. Government
list of prohibited or restricted parties.
Furthermore, you acknowledge that you are at least eighteen (18) years
old.
Reporting
Issues and Feedback.
You agree that you will report any issues, technical or otherwise, regarding
the Licensed Application promptly and directly to Medtronic. If you submit any
comments or ideas to Medtronic, in the absence of a separate agreement regarding
such submissions, you grant to Medtronic an unrestricted, royalty-free,
irrevocable license to use, reproduce, display, perform, modify, transmit, and
distribute such ideas in any medium and agree that Medtronic is free to use
them for any purpose.
Longevity Data. Patient understands that the Licensed
Application will provide you with information about the estimated average longevity
of your Heart Device. This estimate
should NOT be used when making a decision around the replacement of your device. Please refer to the Heart Device labelling
and Patient’s healthcare provider for more information about your device’s estimated
average longevity and device replacement.
Notifications. You understand that in order for you to
receive messages from the Application in a timely manner, you must have
notifications enabled on your mobile device for this Licensed Application.
You understand that, except as noted
below, any information entered into the Symptom Journal or any Vitals Tracking
information will reside solely on your mobile device and will not be
transferred to the CareLink Network or shared with a
Patient’s healthcare provider. If your
Licensed Application is used in connection with an implantable loop recorder, such
information may be transferred to the CareLink
Network and/or shared with a Patient’s healthcare provider.
You understand that you may enter
information into the Vitals Tracking feature of the Licensed Application by
manual entry. You understand that you
are solely responsible for ensuring that the information you enter into Vitals
Tracking is accurate. You should not accept any data being entered into Vitals
Tracking if it is not accurate or not the Patient’s information.
The Licensed Application may allow you
to set a weight threshold indicator whereby you can have the Licensed
Application display a red flag in the event that daily or weekly increases or
decreases in your weight exceed the default thresholds or the threshold you
choose in the Licensed Application. You
understand that this red flag will not be visible to Patient’s healthcare
provider and that the red flag feature is not a substitute for medical
monitoring or visits with your healthcare provider. In the event of a medical emergency, you
should call your healthcare provider or an emergency call number
immediately.
Physical Activity.
If applicable, the Physical Activity tracker in the application is based
on activity such as walking or running that is detected by your Heart
Device. You understand that the Physical
Activity tracker may not detect all types of physical activity, such as
swimming or biking, and Medtronic does not guarantee the accuracy or completeness
of the Physical Activity tracker.
Server
Maintenance. You understand that if a server supporting the
Licensed Application or CareLink Network is down for
maintenance or otherwise, the Licensed Application’s functionality will be
limited until maintenance is complete.
For example, you will not be able to send transmissions until
maintenance is complete.
Medical Device Identification Card.
Patient acknowledges that the Licensed Application does not replace his
or her Medical Device Identification card or medical records. We recommend that
Patient always carry his or her Medical Device Identification card with him or
her, in order to identify him or her as having an implanted device.
Please refer to Patient’s physician and medical records for
questions about Patient’s medical condition.
Limitations
of Liability.
(This paragraph
does not apply to residents of Australia and New Zealand.) MEDTRONIC EXPRESSLY
DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE LICENSED APPLICATION AND
YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
MEDTRONIC DOES
NOT WARRANT THAT THE USE OF THE LICENSED APPLICATION WILL BE UNINTERRUPTED OR
ERROR-FREE. IN NO EVENT SHALL MEDTRONIC BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH THESE TERMS OF USE
(WHETHER IN WARRANTY, CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE),
INCLUDING WITHOUT LIMITATION MEDICAL EXPENSES, LOSS OF REVENUE OR PROFITS, OR
DAMAGES RESULTING FROM LOSS, MISAPPROPRIATION, OR UNAUTHORIZED OR MALICIOUS
ACCESS TO OR MODIFICATION OF DEVICE DATA, OR FROM MISTAKES, OMISSIONS, OR
DELAYS IN TRANSMISSION OF INFORMATION, OR FROM INTERRUPTIONS IN
TELECOMMUNICATIONS CONNECTIONS, VIRUSES OR FAILURES OF PERFORMANCE, OR FROM THE
IMPACT OF THE USE ON YOUR SYSTEM. IN NO EVENT SHALL MEDTRONIC BE LIABLE TO YOU
FOR INTERCEPTION OR COMPROMISE OF ANY INFORMATION OR FOR ANY RECORD OR OTHER
COMMUNICATION PROVIDED IN CONNECTION WITH YOUR USE OF THE LICENSED APPLICATION.
(This paragraph
applies only to residents of Australia and New Zealand.) The Licensed Application comes with
guarantees that cannot be excluded under Australian and New Zealand consumer
laws. You are entitled to a) a replacement or refund for a major failure and
for compensation for any other reasonably foreseeable loss or damage and b) to
have the goods repaired or replaced if the goods fail to be of acceptable
quality and the failure does not amount to a major failure.
Term
and Modifications.
This Agreement is in effect from the date when you first access or install the
Licensed Application. Medtronic may modify, amend, or terminate this Agreement
at any time. Medtronic may modify, disable, or terminate your use or
Medtronic's support of the Licensed Application at any time.
U.S. Government License Right. All
Software provided to the U.S. Government pursuant to solicitations issued on or
after December 1, 1995, is provided with the commercial license rights and
restrictions described elsewhere herein. All Software provided to the U.S.
Government pursuant to solicitations issued prior to December 1, 1995, is
provided with “Restricted Rights” as provided for in FAR, 48 CFR 52.227-114
(JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
Miscellaneous. This Agreement constitutes the entire
agreement between Medtronic and you regarding your use of the Licensed
Application and supersedes any prior and contemporaneous written or oral
agreements or understandings related to the Licensed Application. You may not
assign any of your rights or responsibilities under this Agreement without the
prior written consent of Medtronic. Except as expressly provided herein, no
person or entity other than Medtronic and you is or shall be a third party beneficiary of this Agreement or otherwise
entitled to bring any action to enforce any provision of this Agreement against
Medtronic or you. This Agreement shall be governed by and interpreted,
construed, and enforced in accordance with the laws of the Medtronic subsidiary
that is a party to this Agreement without regard to conflict of law principles.
In the event that any provision of this Agreement may be in conflict with any
applicable law or regulation, such provision shall be ineffective to the extent
of such conflict without invalidating any other provision of this Agreement. No
provision of this Agreement may be waived except by an agreement in writing
signed by the waiving party. A waiver of any terms or provisions shall not be
construed as a waiver of any other term or provision. All obligations which are
ongoing in nature shall survive termination or expiration of this Agreement. The Licensed Application contains certain open
source third party software that is subject to specific license terms. You may go to www.medtronic.com/mycarelinkheartsource to obtain the terms and warranty
limitations applicable to the software and, in some cases, a free copy of the
software (subject to nominal distribution charges).