• Terms of Use

  • Terms of Use

  • Terms of Use

Terms of Use



Last Modified: March 3, 2018

Thank you for using SafeStart; The Service that Single Point of Truth, LLC provides to you is subject to the following Terms of Service ("Terms").

These Terms constitute a legal agreement between you and Single Point of Truth, LLC and its successors, parents, subsidiaries, affiliates and related companies or other companies under a common control that we may have now or in the future operate ("SafeStart," "we," "our" or "us"). As used in these Terms, the words "you" and "your" refer to you, the user of the SafeStart Service. The use of the word "including" in these Terms is used to refer to specific examples will be construed to mean "including, without limitation" or "including but not limited to" and will not be construed to mean that the examples given are an exclusive list of the topics covered. These Terms apply to the SafeStart website and mobile applications (the "Site") and the asynchronous telemedicine communication service we offer on the Site (together with the Site, the "Service"). These Terms govern your access to and use of the Service, so please carefully read them before using the Service.

By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, "you" and "your" will refer to that organization.

The following is a brief summary of these Terms:

- The Terms describe your rights and responsibilities in connection with your use of the Service.

- We will only use content that you enter to the extent necessary to provide you with the Service.

- Protecting your content is very important to us. We endeavor to keep your content secure against unauthorized access and disclosure using a variety of authentication and security processes and procedures.


Medical Professional-Patient Relationship Terms

The Service is a tool to facilitate the creation of a patient's personal health record and/or facilitate secure asynchronous communication between a medical patient and his or her existing team of Medical Professionals. By accepting the Terms, the patient and Medical Professional agree to this.

For purposes of sharing medical information between a Medical Professionals:

  • A Medical Professional adds a patient to the Medical Professional's SafeStart account.

Once data is shared with the Medical Professional, it will remain shared between the Medical Professionals.

If at any time you are concerned about your, or your child's, care or the treatment prescribed by a healthcare professional through the Service, or you believe or someone else advises you that you or your child has or suspect that you or your child has a serious or life-threatening condition, call 911 in areas in which that service is available or go to the nearest emergency room or open clinic.


User Agreement to Sharing

You authorize SafeStart to share the health information contained in patient's SafeStart profile, in part or in its entirety, with those entities and individuals, and colleagues for the purpose of medical treatment.


User Agreement to Sharing - Minor Patient

If the patient is under the age of 18, SafeStart requires you to have the legal right to make health care related decisions on behalf of the minor patient. In using the service you certify that you are authorized by law to make health care related decisions on behalf of the minor patient including having the right to upload imagery of the minor patient to assist the physician's diagnosis and treatment of the minor patient.


Acceptance of Terms

By either (1) clicking to agree or accept to these Terms where these options are presented to you, or (2) following your initial acceptance of terms during account creation, actually using or accessing the Site or any part of the Service, you signify your agreement to be bound by these Terms and all other policies or notices posted by us on the Site. Your use of the Service is also governed by the SafeStart Business Associate Agreement, Privacy Policy, Security Policy and Acceptable Use Policy - all of which are incorporated by reference into these Terms.

If you don't agree to these Terms, do not use the Service. You agree that your use of the Service will always be subject to the most current version of these Terms at the time of such use. It is your responsibility to review these Terms from time to time for any changes. If you use the Service after we have changed any of the Terms, you are agreeing to all of the changes. Again, if you do not agree, do not use the Service.

You may not use the Service and you may not accept these Terms if you are not at least 18 years of age and, in any event, of a legal age to form a binding contract with SafeStart.

If you accept these Terms, you represent that you have the power to form a contract with SafeStart and be bound by these Terms.

Depending on your activities when visiting the Site or using the Service, you may be required to agree to additional terms and conditions as indicated on the Site or via the Service.


Privacy and Protection of Personal Information

In addition to these Terms, SafeStart has established a Privacy Policy to explain how we collect and use information about you. You can review the Privacy Policy below. The Privacy Policy is incorporated by reference into these Terms.

Patient Responsibilities

It is the responsibility of the patient to follow the advice of their Medical Professional and arrange any and all follow up in-office or online communication that is requested by the Medical Professional. If a follow up appointment is requested and the patient does not either schedule or maintain the appointment, or even if the patient does follow up, SafeStart is not liable for any delay in diagnosis or treatment.

This site does not provide medical or any other health care advice, diagnosis or treatment. Always seek the advice of your Medical Professional or other qualified health provider with any questions you may have regarding a medical condition, diet, fitness or wellness program. Never disregard professional medical advice or delay in seeking it because of information you accessed on or through the service.

Files and other content in the Service may be protected by intellectual property rights of others. You agree not to copy, upload, download, or share files unless you have the right to do so. You, not SafeStart, will be fully responsible and liable for what you share, upload or otherwise use while using the Service. You will not upload spyware or any other malicious software to the Service.

We claim ownership of the content you submit through the Service. We also don't control, verify, or endorse the content that you and others make available through the Service. While we assume no responsibility to monitor content that you and others make available, we retain the right to remove any content at our discretion.


Member Account, Password and Security

The Service requires you to register by creating a user account. You must complete the registration process by providing your HCP with current, complete and accurate information. This means that you may not set up an account using someone else's name or contact information, unless you are a parent or legal guardian setting up and maintaining an account for your child, and in no event may you set up an account using a phony name or phony contact information. You also will be required to choose a password and/or a PIN. You are entirely responsible for safeguarding your password, PIN, and account, and you agree not to disclose your login information to any third party. Furthermore, you are entirely responsible for any and all activities that occur under your account, whether or not you authorized that activity. You agree to notify SafeStart immediately of any unauthorized use of your account or any other breach of security, by sending an email to contact@safestartmedical.com.

SafeStart will not be liable for any loss that you may incur as a result of someone else using your password, PIN or account, either with or without your knowledge. However, you could be held liable for losses incurred by SafeStart or another party due to someone else using your account, PIN or password. You may not use anyone else's account at any time, without the permission of the account holder. You may not transfer your account to someone else. You will be liable for losses and damages incurred by us (or anyone else) due to the unauthorized use of your account.


Health Care Communication

AS A PATIENT: It is your duty to provide true, accurate, current and complete personal information, including your current contact information and medical records, which are necessary for us to provide the Service to you.

You must not make any misrepresentations in the information you provide to SafeStart or your team of Medical Professionals. In order for the Service to function effectively, you must also keep your account information up-to-date and accurate.

In addition to these Terms, SafeStart has established an Acceptable Use Policy, which governs the acceptable use of the Site and the Service. Please find a copy of this Policy at https://dev.patients.safestartmedical.com/use. The Acceptable Use Policy is incorporated by reference into these Terms.


Submitted Information

You warrant and represent to us that you either own all the information you are submitting or have the right to submit the information. Furthermore, you warrant and represent that you have the right to allow us to make your information available to our employees and agents to view and use in connection with providing the Service without requiring that any such use be subject to additional obligations or terms.


LEGAL NOTICES


Modifications

We may revise these Terms from time to time and the most current version will always be posted on our website. We may communicate revisions to these Terms to you via email to the email address associated with your account or via notices displayed on the Site. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Service.


Miscellaneous Legal Terms

These Terms, together with any additional terms and conditions as indicated on the Site or via the Service, constitute the entire and exclusive agreement between you and SafeStart with respect to the Service, and supersede and replace any other agreements, terms and conditions applicable to the Service. These Terms create no third party beneficiary rights. SafeStart's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but SafeStart may assign its rights without restriction. SafeStart and you are not legal partners or agents; instead, our relationship is that of independent contractors.


SafeStart Property

These terms do not grant you any right, title, or interest in the Service, Site, or the content in the Service. The Software and other technology we use to provide the Service are protected by applicable intellectual property and other laws.

If you give feedback on the Service, such as recommendations for improvements or features, you hereby assign to SafeStart all right, title and interest in and to such feedback, and that feedback may be implemented as part of the Service without compensation to you.

All brand, product and service names and other brand features used in the Service that identify SafeStart or the Service are the trademarks or service marks of SafeStart or its licensors. Nothing in the Service or these Terms shall be deemed to confer on any person any license or right on the part of SafeStart or any licensor with respect to any such brand features.


Warranty Disclaimer

USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE ARE PROVIDED ON AN "AS IS," "WHERE IS" AND "AS AVAILABLE" BASIS. SAFESTART AND ITS AFFILIATES, SUPPLIERS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

SAFESTART AND ITS AFFILIATES, SUPPLIERS AND PARTNERS MAKE NO WARRANTY, REPRESENTATION OR PROMISE THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (C) THAT THERE WILL BE NO ERRORS IN THE SERVICE. ANYTHING OBTAINED THROUGH USE OF THE SERVICE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND SAFESTART SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE CODE, OR FOR ANY OTHER LOSSES YOU MAY INCUR, RESULTING FROM YOUR USE OF THE SERVICE.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.


Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, (A) IN NO EVENT WILL SAFESTART, OR ITS AFFILIATES, DIRECTORS, OFFICERS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF USE, DATA, BUSINESS, OR PROFITS), REGARDLESS OF LEGAL THEORY, WHETHER OR NOT SAFESTART HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; AND (B) SAFESTART'S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION UNDER ANY THEORY OF LIABILITY SHALL IN NO EVENT EXCEED $100.


Indemnity

You agree to indemnify, defend, and hold harmless SafeStart, its affiliates and their respective directors, officers, employees and agents from and against any losses, costs, damages, liabilities and expenses (including reasonable attorneys' fees) arising out of any claims, actions, suits or proceedings related to your use of the Service, your violation of these Terms or of any rights of any third party, or any content or other information you submit to the Service. Your indemnification obligation will survive the termination of these Terms and your use of the Service.


Termination and Suspension

We may terminate or suspend your permission to use the Service immediately and without notice upon any violation of these Terms, your failure to pay any fees when due, upon the request of law enforcement or government agencies, after extended periods of inactivity, for unexpected technical issues or problems, or in the event you engage in fraudulent or illegal activities. We also reserve the right to refuse, restrict, discontinue or terminate the Service (or any portions, components or features of the Service) to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability. If we terminate your use of the Service for any of these reasons or otherwise for cause, we will not refund any fees you may have paid.


Availability

You acknowledge that temporary interruptions in the availability of the Service may occur from time to time, including the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that SafeStart, in its sole discretion, may elect to take. Under no circumstances will SafeStart be held liable for any damages due to such interruptions or lack of availability.


ADDITIONAL TERMS

Portions of the Service may be accompanied by additional terms that apply to specific features or areas of the Service. Those additional terms supplement these terms with respect to your use of those features or areas. (e.g. Authorized Use Policy, Privacy Policy, and Guardian Authorization)


Governing Law and Dispute Resolution

These Terms are governed by laws of the state of Illinois, without respect to its conflict of laws principles. The sole jurisdiction and venue for any claim arising from the Service and these Terms shall be the state and federal courts located in Chicago, Illinois and each party hereby consents to the exclusive jurisdiction and venue of such courts.

You agree that if you want to bring a legal claim against us under these Terms, you must file your claim lawsuit within one year after the date on which you discovered or reasonably should have discovered the event that gave rise to your claim.

TO THE EXTENT PERMITTED BY LAW, THE PARTIES AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND SAFESTART SPECIFICALLY AGREE TO DO SO IN WRITING.

If you do not wish to be bound by the foregoing class-action waiver, you must notify SafeStart in writing within 30 days of the date that you accept these Terms. Your written notification must be mailed to: Single Point of Truth, LLC, ATTN: legal 211 East Ontario, Suite 1195, Chicago, IL 60611.


Notices

Notices to you may be sent via email or provided through links displayed on the Site. You understand and agree that notices and other information ("Communications") may be provided by SafeStart to you by electronic means (i.e., via email or by posting the information on the Site). The categories of Communications that may be provided by electronic means include:

  • These Terms and any amendments, modifications, or supplements;
  • Any breach notifications, as required under HIPAA;
  • Disclosures or notices provided in connection with the Service, including any required by federal or state law (including initial disclosures, periodic statements, initial and revised privacy notices; opt-out notices and change-in-terms notices);
  • Any other communication related to the Service.

All Communications will be deemed to have been received by you after it is posted on the site for 5 days, whether or not you have retrieved the Communication from the Site. An electronic Communication by email is considered to be sent at the time that it is directed by SafeStart's email server to your email address, whether or not your receive it. You agree that these are reasonable procedures for sending and receiving electronic Communications.

You agree to promptly update your account records with SafeStart if your email address changes so that SafeStart may contact you electronically. You understand and agree that if we send you an electronic Communication but you do not receive it because the email address on file is incorrect, out of date, blocked by your service provider or you are otherwise unable to receive electronic Communications, SafeStart will be deemed to have provided the Communication to you.

Although we reserve the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be "in writing." You should print a paper copy of these Terms and any Communication that is important to you and retain the copy for your records. If you do not wish to receive these Terms or the Communications electronically, you may not use the Service.

If you have opened an account with us and you wish to withdraw your consent to have Communications provided electronically, you must close your account and stop using the Service. There are no fees to close your account, but a return data-handling fee may apply.


Contact Us:

If you would like to contact us to provide feedback, comments or requests for technical support, you should contact us through our customer support department at contact@safestartmedical.com

The below, Business Associate Agreement, binds only Covered Entities, including Medical Professionals and the health care organization to which they belong. The Business Associate Agreement does not apply to Users who are patients.

This is the standard Business Associate Agreement (BAA) that SafeStart offers to all Covered Entity Users. We are willing to negotiate terms of the Business Associate Agreement with any Covered Entity. In order to negotiate new terms to a BAA, we are willing to do so at an appropriate fee of no less than USD $5000.

We recognize that many Covered Entities have their own contracting requirements, and that our click-through BAA is not a one-size-fits-all document. We offer the ability for customers to negotiate our standard form BAA with us, within certain boundaries and on the terms and conditions set forth below. We will aim to be as flexible as we can, but we also recognize that, because of the wide variance in risk tolerances and different sensitivities attached to different types of health information, our product, and the terms under which it is offered, will not be suitable for all organizations. Subject to the payment of the $3,000 non-refundable fee, we will engage in good faith negotiations with you to put in place a BAA specific to your entity. However, as with any contractual negotiations, we cannot guarantee that an agreement will be reached.

Email: contact@safestartmedical.com for further information.


Last Modified: March 3, 2018