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 at home.my-mcharts.com, and any subsequent mobile, web, or desktop rendition or portion of these (the “Service”). 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 General Terms and referenced "Terms of Use", "Privacy Policy", and "Disclaimer", collectively called the "Agreement".


General Terms:

  1. This Agreement governs your use of mCharts. The Pilot Period begins for you on the date you register for the service, and ends on June 30, 2019, or on a different date if designated by Connetix Health. You may be offered a subscription plan which requires payment for the mCharts service. You can select a free plan which may include advertising, or a paid plan, which provides additional features. The Pilot Period is intended to help Connetix Health test mCharts to find and correct bugs, and to generally improve software functionality. You can choose to terminate use of mCharts after the Pilot Period, or, in the absense of your communication to terminate, you agree to be bound by the then-existing version of this Agreement. If you wish to terminate this Agreement, you agree to send an email containing a request to terminate to support@mCharts.com.

  2. You must be at least eighteen (18) years of age to use mCharts. By using mCharts, you agree that you are at least 18 years of age.

  3. By using the Service, you agree to receive system-related emails ("System Emails"). System Emails provide information regarding system status, planned outages, feature enhancements, and other information related to the Service.

  4. 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.

  5. 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.

  6. Connetix Health will not sell or share personally identifiable health records to 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 individual information without your consent. We may, however, 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. Your specific health information, associated with you as an individual or patient, will never be shared with other organizations without your specific consent.

  7. 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.  After the Pilot 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 Pilot Period, the software is not generally available to the public, and is instead considered a closed and private test (whether you choose a free or paid plan).  We therefore are not required to follow FTC procedures during this period.  You agree and acknowledge that you are participating in a 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. You are advised, at a minimum, to be sure your browser indicates that the connection into the mCharts application from home.my-mcharts.com is secure, and if it is not, refrain from use and report the incident to Connetix Health immediately.

  8. 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 and our security policies and procedures. In order to continually improve the software, health data technicians at Connetix Health will have access to your records, in order to test and verify proper operation of mCharts. In certain cases, technicians will modify the data, such as to correct the placement of a condition on the body map, to eliminate duplicate records, or to associate related sets of information. Technicians are trained in HIPAA security and privacy, and will keep all information strictly confidential.

  9. When using the Service, you have the option (but not the requirement) to request that mCharts and Connetix Health 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 and Connetix Health to log in on your behalf, using credentials you provide (user name and password), to configure, read, and download information for purposes of integrating that information into your mCharts account. In certain cases to initially configure, then to diagnose and correct software issues, Connetix Health technicians will log in on your behalf, to analyze and verifying the operation of patient information retrieval and rendering in mCharts. Technicians are trained in HIPAA security and privacy, and will keep all information strictly confidential.

  10. 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.

  11. 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.

  12. The views of health information displayed in mCharts are secondary views of information 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.

  13. mCharts displays 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, consumer generated data, and other data sets as we see fit from time to time.

  14. Patient portals and other information sources 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 retrieved conforms to the pertinent standards only to a certain degree.  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.

  15. Any data you enter into mCharts, to augment the patient record retrieved from a healthcare provider, 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.

  16. During the Pilot 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.

  17. 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.

  18. 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.

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

  20. 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.

  21. Promotion - If you opt in to an mCharts plan that is free, you agree to receive communications from mCharts and/or Connetix Health that may include advertising from other businesses. The content we send you is intended to be informative and helpful, and is selected based on, among other things, all the information we know about you, including any Content you have submitted to the Service. When we send communications to you, we do not give other businesses your name or address. You may choose to eliminate these communications by selecting an mCharts paid plan and indicating that you do not wish to receive these communications.

  22. These Agreement will be updated from time to time, and the current date of revision will be posted on the mCharts login page. You agree to read and comply with the posted Terms of Use prior to logging in to the Service.

  23. Additional documents hereby incorporated into this Agreement are listed below. Should any conflict arise between this document and the following documents, this document shall take precedence.

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