mCharts Application Terms of Use and Agreement Documents

mCharts is a software application developed by Connetix Health.  The software application includes the web sites www.mCharts.com, www.ConnetixHealth.com, the application code at home.my-mcharts.com, and any subsequent mobile, web, or desktop rendition of these. Connetix Health grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with tools provided by Connetix Health or with the express written consent of Connetix Health. Your license does not include any resale or commercial use of this site or its contents.

By requesting and accepting a user account on mCharts, you are agreeing to read and understand, and comply with the provisions of the following Summary of Agreement and Details of Agreement, together called “Terms of Use”.

General Terms:

1.       This “Terms of Use” agreement governs your use of mCharts as a trial user during the Alpha Trial Period.  The Alpha Test Period begins for you on this date, and ends on January 31, 2019, or on an earlier date if designated by Connetix Health.  The Alpha Trial Period is intended to help Connetix Health test mCharts to find and correct bugs, and to generally improve software functionality, prior to wider distribution of the software.

2.       mCharts is a personal tool for saving and displaying medical records, and provides views of your health information intended to facilitate your understanding of your health conditions.  mCharts DOES NOT PROVIDE MEDICAL ADVICE. The information, including, but not limited to, text, graphics, images and other material contained on this website and/or in the mCharts application are for informational purposes only.  It is not intended to be a substitute for professional medical advice, diagnosis, or treatment.

3.       No health care is provided as part of the mCharts service.  mCharts does not diagnose or treat any illness, disease, or injury.  Connetix Health is not a health care organization nor in any way a HIPAA “Covered Entity” and the Service is not intended for use by a HIPAA Covered Entity in place of an electronic medical record or similar application.  mCharts does not, in any way, constitute medical advice or a substitute for seeking professional advice or service.

4.       Connetix Health will not sell or share your health record with other companies.  At some future time, you may be asked, and you may provide, consent to allow a de-identified version of your records to be released for participation in health-related research.  Connetix Health will never release your information without your consent.

5.       Many safeguards are in place to protect the information held in the mCharts system, such as strong encryption, firewalls, a secure login processes, and audit logging.  mCharts stores your health records in secure services within the cloud environment provided by Amazon Web Services (AWS).  These services fall under the HIPAA compliant services list on AWS.  Information is encrypted when stored, and when moving between the servers and user devices.  Once mCharts is officially released as a product (after the Alpha Trial Period), mCharts security and privacy will be regulated by the Federal Trade Commission (FTC), and we will strictly follow FTC procedures at that time.  However, during the Alpha Test Period, the software is not generally available to the public, and is instead considered a closed and private test.  We therefore are not required to follow FTC procedures during this period.  You agree and acknowledge that you are participating in a closed and private test of the software, and that the security and privacy of your information is protected based on the best efforts of Connetix Health at this time.

6.       mCharts has been configured to use secure storage and data exchange to maintain the privacy of your health data.  Your health data is protected from public view by using HIPAA compliant services on AWS.  However, during the mCharts Alpha Trial Period, health data technicians at Connetix Health will have access to your records, in order to test and verify proper operation of mCharts.

7.       By agreeing to these Terms of Use, you have the option (but not the requirement) to request that mCharts log in on your behalf to patient portals that you designate where you have a patient account, to download records for your convenience.  For these patient portal accounts, you authorize mCharts to log in on your behalf, using credentials you provide (user name and password), to read and download information to your mCharts account.

8.       You agree to not configure mCharts to download records for which you don’t have legal authority to access and/or view.  You agree that you will designate only patient portals and accounts therein for which you are legally authorized to access the information.  Note that in some states, the patient portal may prevent you from viewing and downloading information for children of certain age groups (e.g. ages 12-17 in some states).  Further, you agree to comply with these state access laws in your state.  Specifically, if your state law dictates that you cannot view your child’s medical records, you agree to abstain from accessing the child’s account, or to remove your access from that account.

9.       There may exist, and probably do exist, bugs in the mCharts software.  As and when there are software bugs, your sole remedy is to report the bug.  We will consider these bugs and fix them if we agree they are bugs, as time permits, and according to a priority order that we decide.

10.   The views of health information displayed in mCharts are secondary views and are intended to improve your understanding of your health information over and above the primary views made available by your health providers.  These secondary views are designed by Connetix Health, and not by any official healthcare organization, or aligned to any healthcare standard.  These secondary views are accurate to a degree specified solely by Connetix Health, and generally designed for consumer use, but not for clinical use.  mCharts has not undergone, and does not intend to perform, the rigorous testing required for a clinical setting, including but not limited to, testing required for Food and Drug Administration (FDA) approval.  mCharts is not approved by the FDA, and as a consumer health information source, it is not required to have FDA approval.

11.   mCharts displays all available information downloaded from your patient portal in the Continuity of Care Document (CCD).  The detailed information is shown in the “Health Summary” view by using a CCD viewer.  Secondary views for facilitated understanding are extracted from the CCD.  Not all information is shown in secondary views.  The information shown in secondary views aligns with that shown by other large consumer health applications and in our judgement, the most important health information.  Specifically, mCharts provides secondary views for Conditions, Allergies, Medications, Procedures, Vitals, Immunizations, Lab Results, and consumer generated data.

12.   Patient portals and other information source from which mCharts downloads data provide a varying degree of fidelity, accuracy, and completeness of data.  We have no control over the completeness, validity, consistency, or accuracy of any content provided (or lack of such) by you or others (such as hospitals or other health service providers).  mCharts does not attempt to rate or grade these data sources.  In some cases, the data does not follow the pertinent standards.  mCharts attempts to read the data, but in some cases the data will either not be read, or will be interpreted incorrectly.  Data may be displayed incorrectly as a result of these issues.  You have the ability to correct this data in the mCharts application for your own personal use.

13.   Any data you enter into mCharts, to augment the patient record downloaded from a portal, or create new health data, generally will not be reflected in the official medical record of your providers.  You may present the information to your health providers, and they can choose to include it into your official medical record, but they are not required to do so.

14.  During the Alpha Trial Period, every effort will be made by Connetix Health to preserve information that you enter into mCharts.  However, as the mCharts application is still in testing and likely contains bugs, you agree that the data you enter may be lost.  We have taken ample precaution to prevent data loss, including backing up data.  Nevertheless, there exists a possibility of data loss that you acknowledge by accepting this agreement.

15.  User input, including placement of a condition, procedure, or journal entry will be used by mCharts in data analysis and health aggregation analytics.  For example, mCharts may use the body map placement you choose to help inform other users of a likely body map location for a similar condition, procedure, journal entry, or other record.  In another example, mCharts may detect and report on trends in health data across multiple users.

16.  While your specific health information will never be shared with other organizations without your specific consent, mCharts may aggregate data across the user bases for purposes of population health studies.  One example is the reporting of flu symptoms across an area, or the ratios of users reporting flu immunizations versus flu symptoms.

17.  As a condition to submit Content to the Service (either directly or via others), you warrant and represent that (i) you are at least eighteen (18) years of age; (ii) all of the submissions are and will be true, complete and accurate and in compliance with all of the terms of this Agreement and any applicable laws and regulations; and (iii) you have all necessary right, power and authority to enter into and perform under this Agreement.

18.  You are entirely responsible for all your submissions of Content and the consequences of submitting them on the Service.

19.  Although we have no obligation to review or monitor any submissions of Content, we reserve the right, in our sole discretion, to monitor, edit and partially or fully remove any Content without prior notice at any time for any reason.

Additional agreement documents, which are hereby incorporated by reference, are the following:

Terms of Use - https://app.termly.io/document/terms-of-use-for-saas/52cee5a8-405b-4b2f-959f-4ecb0104ab05

Privacy Policy - https://app.termly.io/document/privacy-policy/09673004-f59b-4483-83f5-903f1247ceaf

Disclaimer - https://app.termly.io/document/disclaimer/b9cf7adf-24de-4597-b90e-325ac217ead8