Terms of Use

Terms of Use

Thank you for using the MonitAir® cloud hosted software as a service platform and related software, documentation and applications (collectively the “Platform” or the “Service”) for remote monitoring of patient treatment and care. Please read these Terms of Use carefully before accessing or using our website (our “Website” or “Site”).

These Terms of Use (these “Terms”) describe your rights and responsibilities as a customer of the Platform. These Terms are between you and MonitAir, LLC (“MonitAir”, “we” or “us”). “You” means the entity you represent in accepting these Terms or, if that does not apply, you individually. If you are accepting on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer or such entity to these Terms; (ii) you have read and understand these Terms; and (iii) you agree to these Terms on behalf of the party that you represent.

1. Acceptance of the Terms

By accessing or using our Website and/or acquiring rights to use the Platform, you acknowledge that you have read and understood these Terms and agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

If you do not agree to these Terms, please do not enter, connect to, access or use the Site or our Services. Should any item in these Terms conflict with any other terms, conditions or agreements addressing your use of the Service, the provisions of such other agreements shall prevail.

Any new features or tools which we may add to the Site or the Service shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Service or the Site following the posting of any changes constitutes acceptance of those changes.

2. The Service and Third Party Products

Our customers are individual providers of health care services, their practice entities or other health care facilities who perform remote patient monitoring. Our Service operates electronically to collect, collate, display and organize certain care treatment plans, patient data, patient communications and reporting of remote patient monitoring services performed by our customers. When collecting patient data, the Service connects directly or indirectly with medical devices or monitoring equipment which we do not manufacture, sell, distribute, service or otherwise own (collectively, the “Third Party Products”). The Service operates in part to retrieve patient data collected and transmitted by Third Party Devices. Our Platform will use such data to generate and facilitate reporting, work flows and billing and care records for our customers. We take no responsibility for the operation or use of Third Party Products or for the data generated or transmitted by such Third Party Products.

Our Service is not sponsored or endorsed in any manner by any medical or healthcare clinician, institution or any pharmaceutical or medical device corporation, and we do not provide any particular endorsement for such. We make no guarantees, promises, or predictions of success regarding any of the Services or resources offered through our Site or otherwise. You acknowledge and agree that the use of the Service is entirely at your own risk.

3. We Do Not Provide Medical Advice

We are not providers of any health care service. Our Service is a useful tool in organizing and reporting certain data, but it is not intended to be, and is not, a substitute for the exercise of the professional medical judgment of practitioners using our Service. We take no responsibility for the medical or other information provided or conveyed via the Service or for the medical or clinical use that any health care practitioner may take on the basis on such information. By using the Service, you agree that we are not responsible or liable to you for any claim, loss, or damage arising from the Service or its use by you or any other user.

4. Registration and User Account

In order to use the Service, you or the entity with which you are affiliated must register and open a user account on the Site or a related App (the “Account”). Registration must be done by providing us with your name, phone number, your e-mail address, and certain other demographics information. During the registration process, you will be asked to choose a password and username for your Account. You are solely and fully responsible for maintaining the confidentiality of the login credentials (e-mail, username and password) of your Account and for all activities that occur under your Account. You agree not to disclose your login credentials to any third party.

You must notify us immediately of any unauthorized use of your Account or login credentials or any other breach of security. We will not be liable for any loss or damage arising from any failure of yours to comply with the Terms or from any unauthorized use of your Account or any other breach of security.

If you wish to modify your Account information, or if you wish to terminate your Account, you may do so by contacting us or the administrator of the Account at your facility. Upon termination you will no longer be able to access your Account, and any and all permissions, rights and licenses granted to you under these Terms shall be instantly terminated and revoked.

5. Minors

Our Site and Service is not for use by minors. You must be over the age of majority in the jurisdiction where you reside in order to open an account with us.

6. Use Restrictions

Certain conduct is strictly prohibited when using our Service. Your failure to comply with these prohibitions may result at our sole discretion in the termination of your access to the Services and may also expose you to civil and/or criminal liability.

You may not, whether by yourself or anyone on your behalf: (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Service; (ii) make any use of the Services and/or our Content on any other website or networked computer environment; (iii) create a browser or border environment around the Service; (iv) interfere with or violate any other user's right to privacy or other rights; (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; (vi) transmit any virus, worm, Trojan Horse, or any other harmful code; (vii) interfere with or disrupt the operation of our Site or Services; (viii) sell, license, or exploit for any commercial purposes any use of or access to our Content, Service or Site; (ix) use our Service or Site for any illegal, immoral or unauthorized purpose; or (x) use our Site, Service and/or our Content for commercial purposes other than its intended use without our express prior written consent.

7. Privacy Policy

Our policies on the collection and use of the data transmitted through the Site or Service are set out in our Privacy Policy.

8. Intellectual Property Rights

We are granting you with a limited, personal, not exclusive, non-assignable, not-tradeable license and right to use the Service. Such rights cannot be transferred or sub-licensed without our prior written consent. Our Terms do not entitle you with any right in the Service other than a limited right to use it in accordance herewith or any separate use agreement.

Our marks and logo (whether or not registered) and all other proprietary identifiers used by us in connection with the Service are all trademarks and/or trade names of ours. No right, license, or interest to such marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you.

9. Availability

The availability and functionality of our Site and Service depends on various factors, such as communication networks. We do not warrant or guarantee that the Site or Service will operate and/or be available at all times without disruption or interruption, or that it will be error-free.

10. Changes to our Services

We reserve the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently our Site or Service (or any part thereof) without notice, at any time and at its sole discretion.

11. Disclaimer and Warranties

MonitAir does not warrant or make any representations regarding the use, the inability to use or operate, or the results of the use of the Site or Service or its content. You agree and acknowledge that the use of our Site or Service is entirely at your own risk.

Our Service, including any technical support services, are provided on an “as is” “as available” basis, without any warranties of any kind, express or implied, including but not limited to warranties of title or non-infringement or implied warranties of use, merchantability or fitness for a particular purpose or function.

12. Limitation of Liability

In no event shall MonitAir, including its officers, directors, shareholders, employees, sub-contractors and its agents be liable for any damages whatsoever, including, but not limited to, direct, indirect, special, incidental or consequential damages of any kind. No action may be brought by you for any breach of these terms more than one (1) year after the accrual of such cause of action.

In no event shall MonitAir's cumulative liability to you exceed amounts paid to MonitAir for your use of the Site or Service in the twelve (12) months prior to the date any claim is made.

13. Indemnification

You agree to indemnify, defend and hold MonitAir, our owners, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable investigation expenses and attorneys' fees, which arise out of your breach of these Terms, the documents they incorporate by reference, or your use of the Services, Site and Content.

14. Termination and Suspension of Service

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Site or Services, or when you cease using our Site. Your obligations and liabilities incurred prior to the termination date shall survive the termination of this agreement for all purposes.

15. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms.

16. No Waiver of Remedy; Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms, along with any separate use agreement between you and us, constitute the entire agreement and understanding between you and us and govern your use of the Site and Service.

17. Governing Law and Venue

These Terms of Service and any separate agreements whereby we provide you access to the Site and the Service shall be governed by and construed in accordance with the laws of the State of Florida. You agree that any claim or dispute you may have against MonitAir must be resolved by a court located in Miami-Dade County, Florida.

18. Contact Information

Questions about the Terms of Service should be sent to us via email at info@monitairhealth.com.