Terms and Conditions

Introduction

Welcome to the InstaCare Home Health App ("App"). This App is provided by InstaCare Home Health ("Company", "we", "our", or "us") and is intended for use by the families of our patients to monitor and follow the care provided by our healthcare staff. The use of this App is subject to the following Terms and Conditions ("Terms").

Article 1: Acceptance of Terms

  • 1.1 Agreement to Terms: By accessing, downloading, installing, or utilizing the InstaCare Home Health application ("Application" or "App"), you, the end user ("User", "You", "Your"), hereby affirmatively acknowledge and consent to be bound by these Terms and Conditions ("Terms", "Agreement"). This Agreement constitutes a legally binding contract established between You and InstaCare Home Health, herein referred to as "Company", "We", "Our", or "Us", under the applicable laws and regulations. This Agreement governs Your use of the Application provided by the Company.
  • 1.2 Capacity and Consent: You represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Application. By using the Application, you represent that you have the legal capacity to enter into a binding agreement.
  • 1.3 Non-Acceptance: If at any point you do not agree to any part of the current Terms, or any future amendment or modification to these Terms, your license to use the Application is immediately terminated, and you are required to immediately cease any and all use of the Application. Continued use of the Application following any amendment signifies your acceptance of the revised Terms.

Article 2: Usage Rights and Restrictions

  • 2.1 Grant of License: Subject to the terms and conditions set forth in this Agreement, the Company hereby grants the User a limited, non-exclusive, non-transferable, revocable license to access and use the InstaCare Home Health Application ("Application" or "App") for the purpose of monitoring and managing the care of a specific patient for whom the User holds a valid Power of Attorney (POA). This license is granted solely for the personal, non-commercial use of the User in accordance with the terms of this Agreement.
  • 2.2 Power of Attorney Requirements: Access to this Application is expressly limited to individuals who possess a valid Power of Attorney (POA) for a patient. Users must affirm and demonstrate, upon request, their legal authority to act on behalf of the patient under the relevant laws of their jurisdiction. This authority includes the right to access, manage, and disclose the patient's health care information as permitted under applicable laws and regulations, including but not limited to the Health Insurance Portability and Accountability Act (HIPAA).
  • 2.3 Authorization and Delegation: The User, as the holder of a valid POA, may authorize third parties to access the patient’s care information through the App. However, the User is required to exercise due diligence and caution in granting such access, ensuring that any third party granted access is trustworthy and has a legitimate need to view the patient’s information. The User must inform any such third parties of all relevant provisions of these Terms, particularly those related to privacy and data security.
  • 2.4 Security and Confidentiality: The User shall maintain the confidentiality and security of the unique access code and any other security or access information provided by the Company to access the App. The User agrees to take all necessary steps to ensure that such information is kept secure and is only shared with authorized third parties in accordance with the provisions of this Agreement and applicable law. The User shall notify the Company immediately of any unauthorized use of their account or breach of security.

Article 3: Privacy and Confidentiality

  • 3.1 Acknowledgement of Confidentiality: You, the User, hereby acknowledge and agree that all health information and personal data obtained or accessed through the InstaCare Home Health Application ("Application" or "App") is strictly confidential and is protected under the Health Insurance Portability and Accountability Act (HIPAA) along with any other applicable federal, state, and local privacy laws and regulations. This includes, but is not limited to, all forms of protected health information (PHI) as defined under HIPAA.
  • 3.2 Prohibition of Unauthorized Disclosure: You are expressly prohibited from disclosing, sharing, or otherwise disseminating any protected health information (PHI) or personal data obtained through the App to any unauthorized individual or entity. You agree to implement appropriate safeguards to prevent unauthorized use or disclosure of PHI and to comply with all applicable legal requirements regarding the confidentiality and security of PHI.
  • 3.3 Responsibility for Compliance: It is your sole responsibility to ensure that all uses and disclosures of health information and personal data obtained through the App comply with applicable laws and regulations, including HIPAA. You must not use or disclose PHI in a manner that would violate these laws under any circumstances.

Article 4: Limitation of Liability

  • 4.1 Scope of Liability: To the maximum extent permitted under applicable law, InstaCare Home Health ("Company") and its affiliates, including but not limited to its directors, officers, employees, agents, representatives, partners, and subcontractors, hereby disclaim all liability for any type of damages or losses, whether direct, indirect, incidental, consequential, exemplary, punitive, or any other type of damages, arising from or in any way connected with your access to, use of, or reliance on the InstaCare Home Health Application ("App"), including without limitation any damages arising from or related to the misinterpretation, misuse, or misapplication of any information accessed through the App.
  • 4.2 Exclusion of Damages: Without limiting the generality of the foregoing, the Company shall not be liable for any loss of profits, loss of use, loss of data, interruption of business, or any indirect, special, incidental, or consequential damages of any kind, regardless of the form of action, whether in contract, tort (including negligence), strict product liability, or otherwise, even if the Company has been advised of the possibility of such damages.
  • 4.3 User Acknowledgement: You acknowledge and agree that the limitations of liability set forth in this Article are fundamental elements of the basis of the bargain between the Company and you, and these limitations will apply even if any limited remedy specified herein is found to have failed its essential purpose.
  • 4.4 Release of Claims: By using the App, you expressly release the Company from any and all liability, claims, causes of action, demands, damages, or expenses arising out of or in any way related to your use of the App. This release includes, but is not limited to, any disputes regarding the performance, functions, and quality of the App and any claims related to the unauthorized access to or use of your data or information.

Article 5: Content and Usage

  • 5.1 Provision of Content: The InstaCare Home Health Application ("App") may provide access to various forms of visual content, including but not limited to photographs, medical documentation, and other relevant patient care information ("Content"). This Content is intended solely to facilitate the monitoring of patient care by authorized individuals, such as family members holding a valid Power of Attorney (POA) or other legal authority recognized under applicable law.
  • 5.2 Permitted Use of Content: You, the User, hereby agree to access and utilize the Content provided through the App exclusively for the legitimate purpose of patient care monitoring. You shall not use the Content for any other purpose, including but not limited to unauthorized commercial use, public display, or distribution outside the intended framework of patient care monitoring.
  • 5.3 Compliance with Legal Standards: In accessing and using the Content, you agree to comply fully with all applicable laws and regulations, including but not limited to the Health Insurance Portability and Accountability Act (HIPAA), state privacy laws, and any other relevant federal or local regulations concerning the privacy, security, and confidentiality of medical information. Your use of the Content shall adhere strictly to these legal standards and any other guidelines provided by the Company.
  • 5.4 User Obligations and Restrictions: You agree not to modify, alter, misuse, or misappropriate the Content accessed through the App in any manner that violates the Terms of this Agreement or infringes upon the rights of patients, their families, or the Company. You acknowledge that the Content is sensitive and protected by privacy laws; therefore, you commit to handling it with the utmost care and security.

Article 6: Amendments to Terms

  • 6.1 Right to Amend: InstaCare Home Health ("Company") reserves the unilateral right, at its sole discretion, to amend, alter, modify, replace, or revoke these Terms and Conditions ("Terms") associated with the InstaCare Home Health Application ("App") at any time and without prior notice. This includes the right to create additional provisions or to delete existing provisions.
  • 6.2 Notification of Amendments: While the Company may endeavor to provide notice of substantial modifications in the Terms, it is under no obligation to do so. The onus lies on you, the User ("You", "Your"), to review these Terms on a regular basis to acquaint yourself with any changes. The Company may post notices of changes to the Terms on the App itself, through email, or by any other reasonable means.
  • 6.3 User's Acceptance of Amendments: Your continued access to or use of the App subsequent to any changes in these Terms constitutes your express acceptance of such changes. This acceptance is binding and forms part of the ongoing contractual agreement between You and the Company under these amended Terms.

Article 7: Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which the Company is established, without giving effect to any principles of conflicts of law. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.

Article 8: Contact Information

Should you have any questions regarding these Terms and Conditions, please contact us through our website at www.instacarehealth.com . By downloading, accessing, or using the InstaCare Home Health App, you affirm your agreement to these Terms and Conditions.

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