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. 

Symptom Journal. 

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).