PLATFORM TERMS OF SERVICE
Last Updated: October 1, 2017
PLEASE READ THESE TERMS OF SERVICE (THE “AGREEMENT”) CAREFULLY BEFORE USING OUR WEBSITE HTTP://APP.GETHARPER.IO (THE “SITE”) OR DOWNLOADING OUR MOBILE APPLICATION (THE “APPLICATION” OR “APP”, AND TOGETHER WITH THE SITE, OUR “PLATFORM”) BECAUSE THIS AGREEMENT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU AND GET HARPER, INC. (“GET HARPER,” “WE,” “US,” or “OUR”). IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, PLEASE DO NOT DOWNLOAD THE APP OR REGISTER FOR OR USE THE PLATFORM. BY INDICATING THAT YOU AGREE BELOW, OR BY DOWNLOADING THE APP OR REGISTERING FOR OR USING THE PLATFORM, YOU AGREE (1) TO BE BOUND BY THIS AGREEMENT, AND (2) YOU ARE AT LEAST 18 YEARS OLD, AND (3) YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, AND (4) YOU ACCEPT THIS AGREEMENT.
The Platform was created by Get Harper for users (each, a “User,” “You,” or “Your”) to record conversations with their medical providers, produce transcripts of these conversations annotated with certain publicly-available medical information, and have the ability to easily share their recordings and transcripts with family, friends or others (the “Services”).
Changes to Agreement
We may change, modify, add or remove portions of this Agreement (each, an “Update”) at any time and in our sole discretion without prior notice and such Updates will be effective immediately. If we make Updates to this Agreement, we will change the "Last Updated" date above. Your continued use of the Platform will confirm your acceptance of the updated Agreement. We encourage you to frequently review the Agreement to ensure you understand the latest terms and conditions associated with use of the Platform. If you do not agree to the updated Agreement, you must uninstall and discontinue using the Platform.
When you create an account to use the Platform, Get Harper requires your name, e-mail address, birthday and phone number. Get Harper also asks you to indicate whether or not you are a medical provider. Once you have created your account, you can securely access the Platform via your mobile device. If you discover or suspect any security breaches pertaining to your account or the Platform in general, please let us know as soon as possible.
Scope of User License to use the Platform
Subject to your compliance with this Agreement, Get Harper grants you a limited, nonexclusive, non-transferable and revocable license to install one copy of the App on a mobile device (e.g., an Apple Device (as defined below)) that you own or control and to use the Platform for your personal use solely in connection with the Services and in accordance with the terms and conditions of this Agreement. The terms of this license will also govern upgrades and updates provided by Get Harper that replace or supplement an earlier version of the App and/or Platform, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
The rights granted to you under this Agreement are subject to the Code of Conduct described below and the following restrictions: you shall not (a) sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Platform; (b) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer the Platform or any portion thereof, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) use the Platform to develop or build a similar or competitive service, product, or application; or (d) alter, remove or destroy any copyright notices or other proprietary markings contained on or in any part of the Platform.
Code of Conduct
You will use the Platform only in a safe manner and not access or use the Platform in an unlawful way or for an unlawful or illegitimate purpose. Any use of the Platform or Get Harper Content (as defined below) other than as specifically authorized in this Agreement is strictly prohibited and may result in our termination of your license to use the Platform, as well as possibly exposing you to legal action and damages.
In using the Platform, you shall not:
Please let us know about any inappropriate behavior that you become aware of on the Platform. If you find something that violates this Agreement or Code of Conduct, let us know by sending us an e-mail to email@example.com. We reserve the right, in our sole and absolute discretion, to deny you or anyone access to the Platform without notice.
Credit Card Payments
If you use the Platform to pay for Services, you acknowledge and agree that the credit card transactions initiated through the Platform will be processed through a third-party credit card payment processor chosen by us (a “Payment Processor”) and that you are subject to the terms and conditions imposed by such Payment Processor.
Get Harper’s Rights
The Platform is licensed to you and not sold. Get Harper (and its licensors, where applicable) own all rights, title and interest, including all related intellectual property rights, in and to the Platform. This Agreement is not a sale and it does not convey to you any rights of ownership in or related to the Platform.
All information and materials contained on or within the Platform, including, but not limited to, text, graphics, HTML, look and feel, images, illustrations, designs, names, product names, icons, photographs, video clips, typefaces, source and object code, format, queries, algorithms and written and other materials and information (collectively, "Get Harper Content"), as well as their selection and arrangement, and all intellectual property and other rights relating to Get Harper Content, as between you and Get Harper, are solely and exclusively owned by Get Harper. You will not directly or indirectly copy, republish, frame, download, transmit, modify, display, distribute, reverse engineer, or sell, in whole or in part, any Get Harper Content or the Platform, or any related software or information, except as expressly permitted in this Agreement. Your unauthorized use of Get Harper Content violates these rights and this Agreement. Except as expressly provided in this Agreement, Get Harper does not grant any express or implied rights or licenses to use Get Harper Content. We reserve all rights not expressly granted in this Agreement.
Copyright and Trademark Policy
All trademarks, service marks, logos, slogans and taglines displayed on or through the Platform are the property of Get Harper and its licensors or their respective owners and nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on or through the Platform without the express written permission of Get Harper, or such third-party that may own the trademark, service mark, logo, slogan or tagline.
We welcome feedback, comments and suggestions for improvements to the Platform (“Input”). You can submit Input through your account, via the App, or by emailing us at firstname.lastname@example.org. You grant us a nonexclusive, irrevocable, worldwide, royalty-free, fully paid up right and license to use any Input provided by you to us with respect to the Platform or the Services, and we can use, disclose, reproduce, license and otherwise distribute and exploit Input in any manner without obligation or restriction of any kind on account of intellectual property rights or otherwise.
Consent to Electronic Notice
By using the Platform, you agree that Get Harper may communicate with you electronically regarding administrative, security and other issues relating to your use of the Platform. You agree that any notices, agreements, disclosures or other communications that Get Harper sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing. The foregoing does not affect your statutory rights.
GENERAL DISCLAIMER. YOU AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK, AND THAT THE PLATFORM AND ANY OTHER INFORMATION AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GET HARPER AND ITS LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. GET HARPER AND ITS LICENSORS AND SUPPLIERS DO NOT WARRANT THAT ANY ASPECT OF THE PLATFORM: (I) WILL OPERATE ERROR-, BUG- OR DEFECT-FREE, OR THAT IT IS FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES, OR THAT IT IS COMPLETELY SECURE; (II) IS SUITABLE FOR YOUR PARTICULAR INTENDED USE; OR (III) WILL COMPLY WITH THE LAWS, REGULATIONS OR REGULATORY GUIDELINES THAT ARE APPLICABLE TO YOU. YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO ANY DEVICE, ANY LOSS OF DATA, OR ANY IMPROPER USE OR IMPROPER DISCLOSURE OF INFORMATION CAUSED BY YOU OR ANY PERSON USING THE PLATFORM INSTALLED ON A DEVICE OWNED OR CONTROLLED BY YOU. GET HARPER CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET, OR FOR YOUR MISUSE OF ANY ADVICE, IDEAS, INFORMATION, CONTENT, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE PLATFORM.
MEDICAL DISCLAIMER. THE SERVICES MAY FACILITATE YOUR ACCESS TO PUBLICLY-AVAILABLE INFORMATION RELATING TO MEDICAL CONDITIONS AND TREATMENTS. SUCH INFORMATION IS MADE AVAILABLE TO YOU FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT PROVIDED BY A DOCTOR OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL, OR BY A SOCIAL WORKER, PSYCHOLOGIST OR OTHER MENTAL HEALTH PROVIDER. YOU SHOULD NOT DISREGARD OR DELAY SEEKING MEDICAL ADVICE BASED ON PUBLICLY-AVAILABLE INFORMATION RELATING TO MEDICAL CONDITIONS AND TREATMENTS MADE AVAILABLE TO YOU BY THE SERVICES. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY. GET HARPER IS NOT ENGAGED IN RENDERING MEDICAL OR SIMILAR PROFESSIONAL SERVICES OR ADVICE, AND THE PUBLICLY-AVAILABLE INFORMATION MADE AVAILABLE TO YOU THROUGH YOUR USE OF THE SERVICES IS NOT INTENDED TO REPLACE MEDICAL ADVICE OFFERED BY A PHYSICIAN OR OTHER MEDICAL OR HEALTH CARE PROFESSIONAL, SHOULD NOT BE USED FOR DIAGNOSING A HEALTH PROBLEM OR DISEASE, AND SHOULD NOT BE CONSTRUED AS A WARRANTY OR RECOMMENDATION OF TREATMENT.
OTHER DISCLAIMERS AND ACKNOWLEDGEMENTS. YOU ARE RESPONSIBLE FOR INFORMING YOUR MEDICAL PROVIDER THAT YOU INTEND TO RECORD YOUR CONVERSATION WITH THE MEDICAL PROVIDER AND TO PRODUCE A TRANSCRIPT OF THAT CONVERSATION. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY RECORDINGS AND TRANSCRIPTS YOU PRODUCE BY USING THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND MAY NOT BE USED FOR THE PURPOSES OF LITIGATION AND/OR ANY ADVERSE ACTION AGAINST A MEDICAL PROVIDER. YOU ARE ALSO RESPONSIBLE FOR THE EXPOSURE OF YOUR RECORDINGS AND TRANSCRIPTIONS, INCLUDING YOUR PERSONAL AND MEDICAL INFORMATION, WHEN YOU CHOOSE TO SHARE RECORDINGS AND TRANSCRIPTS WITH OTHERS. PLEASE BE ADVISED THAT WHEN YOU SHARE A LINK WITH SOMEONE TO RECORDINGS OR TRANSCRIPTS, OR GIVE SOMEONE ACCESS TO THESE MATERIALS FROM WITHIN THE APP, THIS PERSON WILL HAVE ACCESS TO ALL THE UNREDACTED RECORDINGS AND TRANSCRIPTIONS IN YOUR ACCOUNT UNLESS YOU CONTACT GET HARPER AND REQUEST US TO DELETE A RECORDING OR TRANSCRIPT FROM YOU ACCOUNT PERMANENTLY.
Limitation of Liability
NEITHER GET HARPER NOR ITS LICENSORS OR SUPPLIERS SHALL BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE PLATFORM FROM WHATEVER CAUSE. IN NO EVENT SHALL GET HARPER OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING FOR ANY PERSONAL INJURY, LOST PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR DEVICE OR OTHERWISE, OR SIMILAR DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE THE PLATFORM OR OTHERWISE RELATING TO THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF GET HARPER HAS BEEN ADVISED OF THE POSSIBILITY OR KNEW OF SUCH DAMAGES. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
WITHOUT LIMITING THE LIMITATION OF LIABILITY DESCRIBE ABOVE, AND SUBJECT TO THE “ADDITIONAL TERMS FOR APPLE DEVICE USERS” SECTION BELOW, IN THE EVENT OF ANY PROBLEM WITH THE PLATFORM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO UNINSTALL THE APP AND CEASE USING THE PLATFORM. UNDER NO CIRCUMSTANCES SHALL GET HARPER OR ITS AFFILIATES OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN THE PLATFORM, ANY INFRINGEMENT BY THE PLATFORM OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USE OF THE PLATFORM.
Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so certain disclaimers, limitations or exclusions described in this Agreement may not apply to you. In such cases, you agree that Get Harper’s liability will be limited to the extent permitted by applicable law in your state.
Indemnification By You
Without limiting the generality or effect of other provisions of this Agreement, as a condition of downloading the App and/or accessing or using the Platform in any way, you agree, at your expense, to indemnify and hold harmless Get Harper and its affiliates, licensors and suppliers, and our and their officers, directors, employees and agents, from and against any and all losses, costs, damages, liabilities and expenses (including without limitation attorneys' fees) in relation to or arising from (a) your use or inability to use the Platform or the Services; (b) your failure to comply with any applicable laws and regulations; and/or (c) your breach of any obligations set forth in this Agreement. You shall not settle any such claim without the written consent of the applicable indemnified party.
For any third-party claim covered under this indemnification provision, we will notify you upon becoming aware of the claim, and you will also defend such claim at your expense if instructed by us to do so. If we or our partners or licensors are obligated to respond to a third-party subpoena or other compulsory legal order or process, you will also reimburse us for reasonable attorneys’ fees, as well as employees’ and contractors’ time and materials spent responding to the third-party subpoena or other compulsory legal order or process at the applicable then-current hourly rates.
Modifications to the Platform
Get Harper reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Platform and any features, information, materials or content on the Platform with or without notice to you. Get Harper will not be liable to you or any third-party for any modification or discontinuance of the Platform or Services or any portion thereof.
Termination of Your Use of the Platform
We may suspend or terminate your rights with respect to the Platform for any reason or for no reason at all, with or without notice, in our sole discretion. Any such suspension or termination may include limiting or terminating your access to and use of the Platform. If your rights with respect to the Platform are suspended or terminated, you agree to make no further use of the Platform for the duration of the suspension or indefinitely following termination. All of the terms and conditions in this Agreement will survive any such termination or suspension.
Additional Terms for Apple Device Users
The following additional terms and conditions govern your use of the App downloaded by you via the Apple App Store and designed to operate on any device you own or control which runs any Apple mobile operating system, including, but not limited to, iPhone, iPad and iPod touch devices (each, an “Apple Device”). You hereby acknowledge that this Agreement is between you and Get Harper, and not Apple, Inc. (“Apple”) and that Get Harper, and not Apple, is solely responsible for the App and content thereof that you downloaded via the Apple App Store and installed on your Apple Device.
This Agreement and any Claim shall be governed by the laws of the Commonwealth of Massachusetts without regard to its rules on conflicts or choice of law. This Agreement constitutes the sole agreement between you and Get Harper for your use and the provision of the Platform and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in this Agreement shall bind either you or Get Harper. Should any provision of this Agreement be held invalid or unenforceable, such provision will be modified to the extent necessary to render it enforceable without losing its intent or severed from this Agreement if no such modification is possible, and other provisions of this Agreement will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement and any rights and licenses granted hereunder, may not be transferred, delegated or assigned by you, but may be assigned, delegated or transferred by Get Harper without restriction. This Agreement shall be binding upon and inure to the benefit of each of the parties and the parties’ respective successors and permitted assigns. Certain of our licensors and suppliers may be third-party beneficiaries of this Agreement and have the right to enforce this Agreement against you.
If you have questions, complaints or claims with respect to the Platform, Services or this Agreement, please contact us using one of the following options:
By e-mail: email@example.com
By phone: (617) 800-9293
By mail: Registered Agents Inc., 82 Wendell Ave., STE 100, Pittsfield, MA 01201, Attn: Get Harper, Inc. (Legal Team)
PLEASE PRINT THIS AGREEMENT FOR YOUR RECORDS.
© COPYRIGHT 2017 | GET HARPER, INC., ALL RIGHTS RESERVED.
Dr. Paul Kalanithi
"Focus on your patients. On who they are, what they care about. It’s really why you went into medicine."