This Propeller User Agreement ("Agreement") is a legally binding agreement between you and Reciprocal Labs Corporation d/b/a Propeller Health ("Propeller Health," "we," "us", "the company") governing your use of the proprietary Propeller System (the "System") including the Propeller inhaler sensor (the "Sensor"), our mobile application (the "App") and my.propellerhealth.com, our associated user website (the "Website"). The Sensor, App, Website and related services provided by Propeller Health shall be collectively referred to herein as the "Services." The System is a medical device regulated by the U.S. Food and Drug Administration. Please read all information that accompanies the System. By using the System you assume the risks associated with using the System.
CAUTION (APPLIES TO PROPELLER SENSOR MODEL I, 2014-R AND 2014-D): FEDERAL LAW RESTRICTS THIS DEVICE TO SALE BY OR ON THE ORDER OF A LICENSED PRACTITIONER, LICENSED BY THE LAW OF THE STATE IN WHICH HE/SHE PRACTICES TO USE OR ORDER THE USE OF THE DEVICE. EXAMPLES OF LICENSED PRACTITIONERS MAY INCLUDE, BUT ARE NOT LIMITED TO PHYSICIAN ASSISTANT, REGISTERED NURSE, PHYSICIAN, AND RESPIRATORY THERAPIST.
Propeller enables individuals to record information about their respiratory health through a variety of mechanisms including inhaler sensors and computer and mobile phone interfaces. In addition, we provide a way for people to share that information with others in their community, including individuals, physicians and health care providers, and public health agencies and organizations.
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES.
- Acceptance. By indicating your acceptance and registering for an account on the Website, YOU INDICATE YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree with the terms and conditions of this Agreement, decline where instructed and you will not receive a Sensor or be able to access or use the Website features that require user login.
- License. We grant you a nonexclusive, nontransferable license to access and use the Services pursuant to the terms of this Agreement. You may only use the Services for your own personal use. The Services are proprietary to Propeller Health. You acquire no right to the Services or to the information and data contained in or produced by the Services, except for the right to use such information and data solely for your own personal purposes, in accordance with this Agreement. You may not sublicense, assign or transfer this license, the Services, or the data and output produced by the Services to any third party. This license shall terminate immediately upon termination, for any reason, or expiration of this Agreement or the agreement between us and the third party through which you receive the Services and all rights and licenses granted under this Agreement shall revert to Propeller Health. If you are receiving access to the Services through a third party, then there may be additional terms and conditions relating to your use of the Services.
- User Account. To utilize the Services you must register on the App or Website for a user account. You will create a user ID and password which will allow you to order and enable the Sensor and access the Services through the Website. You agree to take all reasonable efforts to prevent the unauthorized use or disclosure of your user ID and password to protect the Sensor, App and Website from improper access. Your user ID and password are personal to you only. You are responsible for anyone who you provide access to your user ID or password. If you believe your user ID or password have been compromised, notify us as soon as possible. If you fail to do so, we are not responsible for any damages you sustain as a result of any unauthorized access to the App or Website or use of the Services. Further, you may be responsible for damages we sustain as a result of unauthorized access to the App or Website.
- User Support & Communication. By registering for a user account, you agree that Propeller Health’s staff may contact you to assist you with the Services and the Sensor and to obtain updates on your health status and your feedback on the Services. You agree that Propeller Health may contact you (using the information you provided at registration) via email, push notifications in the app, telephone, cell phone, and SMS/text messages.
- The Sensor. After you create a user account through our App or Website, we will send you the Sensor which you will install on your inhaler. The Sensor collects data regarding your inhaler usage (frequency of use and similar data). The Sensor will be accompanied by installation instructions and instructions for use. You may also contact us or, if applicable, the third party that you are receiving the Services through (for example, your health care provider or insurance company) if you have questions.
- App, Hub and Website. The App is installed on your mobile device and communicates with the Sensor. The mobile device collects the date and time of usage from the Sensor and transmits it to our servers. We process the data in such a way that allows you to access your data on our Website. Propeller Health may provide a hub to use in the event that you do not have a personal mobile device. Hubs do not have the App installed on them, they may be associated with the sensor, and collect the date and time of usage from the Sensor and transmit it to our servers, where it is processed in such a way that allows you to access your data on the Website. There is a risk that data transmitted via a mobile device or hub is not entirely secure. Once the data reaches our servers our security measures will provide enhanced security and protections. You assume the risk that data transferred to our servers may be intercepted or otherwise compromised prior to reaching our servers. You agree that we are not responsible for data breaches that occur before our servers receive the data.
- Not Medical Advice. The Service is intended for you to use to store your personal healthrelated information and to help you manage your health. The materials provided on the Website or App are for informational purposes only and are not a substitute for professional medical advice or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website or App. While you may decide to authorize others, including healthcare providers, to have access to your user account, the information stored in your user account is not intended to be and should not be used for diagnosis or treatment. The information in your user account may not always be accurate or up to date and should be viewed by you and your health care providers as informational only. If you think you may have a medical emergency, call your doctor or 911 immediately. Propeller Health does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website or App. Reliance on any information provided by Propeller, by persons appearing on the Website or App at the invitation of Propeller Health, or by other members is solely at your own risk.
- Content. By providing User Content, defined below, you represent that you own or have the necessary permission to use and authorize the use of User Content as described herein. You may not imply that User Content is in any way sponsored or endorsed by Propeller Health. By providing User Content, you grant us a worldwide, royalty-free, non-exclusive, and fully sub-licensable (through multiple tiers) right to use, reproduce, modify, adapt, publish, translate, create derivate works from, distribute, perform, and display the User Content (in whole or in part) and/or to incorporate such User Content into other works in any form, media, or technology now known or later developed for the purposes of providing the Services (e.g., processing data you enter and supplying corresponding output data to you). You understand that the technical processing and transmission of User Content may involve (a) transmission over various networks and (b) changes to conform or adapt to technical requirements of connecting networks or devices. You are entirely responsible for all User Content. Accordingly, we do not control any User Content and, as such, do not guarantee the accuracy, integrity, or quality of any User Content and is not liable for any errors or omissions in any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content. "User Content" means text, emoticons, images, photos, audio, video, location data, and all forms of data or communication that you submit or transmit to, through, or in connection with the Services.
- Updates. We may, but need not, issue Website, App or Sensor updates, patches and fixes (collectively, "Updates"). If and when we issue Updates, we may, but are not required to, make such Updates available to you. The Updates shall be governed by the terms of this Agreement. We may also determine from time to time, in our discretion, that in order to provide you with new Updates, you will need to review this Agreement (as such may be amended by us in our discretion) again and accept it again, before you are permitted to access, use, download and/or install any such Updates. If we have conditioned your continued use of the Services upon your acceptance of any Updates that we provide, your license to use the Services terminates on the day you refuse to accept the Updates by refusing to click on the "I ACCEPT" button.
- Privacy. In certain situations, we are a “Business Associate,” as defined by HIPAA (the federal Health Insurance Portability and Accountability act), and have certain federal, state and contractual restrictions as to how we can use your “protected health information” (PHI). In other situations, we are required by federal and state data protection laws to protect the confidentiality of your Personally Identifiable Information (PII). Your PHI and PII include, but are not limited to, your name, address, email address, telephone number(s), date of birth, race, sex, type of respiratory disease, current medications, medication schedule, disease symptoms, disease triggers, and information the Sensor records such as the frequency, time and (if you choose to utilize the Services’ mobile device application on your smartphone) location of the inhaler to which the Sensor is attached. When acting as a Business Associate, we may only use or disclose your PHI and PII as required by law or, in the case of PHI, as permitted by the Business Associate Agreements (BAAs) we have with our customers. For example, to create the best possible tools, research and functionality for our community, we may use your PHI and PII internally, as needed, to improve and deliver our Services. In addition, as part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Propeller user account, which you may not be able to optout from receiving. We may access or disclose information about you, your user account and/or the content of your communications, in order to: (1) comply with the law or legal process served on us; (2) enforce and investigate potential violations of this Agreement; including use of the Service to participate in, or facilitate, activities that violate the law; or (3) protect the rights, property, or safety of Propeller Health, its employees, its customers or the public. The Services provide features that allow you to share your data (including PHI and PII) with others, such as your physician or other individuals. We provide a variety of ways for you to share your information with others and to control the information that you share. You can view and set your sharing preferences on your profile page in the Website at any time. Please be aware that when you give others access to your data (including PHI and PII), they may be able to use, reproduce, distribute, display, transmit, and/or communicate that data to others and the public. Please consider carefully what you choose to share or make public. Propeller Health has no responsibility for access, use or disclosure of your data by people you authorized to have access to your user account. You expressly consent to the access and disclosures outlined in this section.
- Location. When you use the App, we may collect and store information about your location by accessing your device's GPS coordinates or coarse location, if you enable location services on your device. We may collect location information from your device as follows: (1) each time you use the inhaler to which the sensor is attached (2) approximately every two hours while the App is running in the background and (3) whenever your device’s operating system detects a significant location change while the App is running in the background. We may use such location information, as noted above, to provide the Services to you and to improve the Services generally. If you do not want us to collect location information, you can disable on your device.
- Population Health. Propeller Health is interested in better understanding the management and impact of respiratory disease and in identifying and supporting better ways to address it at the public health level. In addition to serving the individual needs of our members, we provide information to our customers through whom you may be receiving the Services and other third parties such as public health agencies, including information for use in their health-related activities and scientific research. Accordingly, we may use your PHI and PII to create aggregated health information and de-identified data to improve our customers’ operations and for public health purposes. We remove personally identifiable information that can reasonably be used to identify you prior to sharing information with these third parties.
- Termination for Breach. Propeller Health may terminate your access to the Services at any time if we reasonably believe, in our sole discretion, that you are in violation of this Agreement. This Agreement shall terminate immediately if you fail to comply with any provision of this Agreement. This Agreement will terminate immediately upon the termination or expiration of the agreement between Propeller Health and the third party through which you receive the Services or, for those individuals who access the Services independently, upon your termination of your user account. If this Agreement is terminated, you shall promptly return the Sensor to the address provided to you at termination.
- NO WARRANTY. Though we want to provide you with a great service, your access to and use of the Services is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing and to the maximum extent permitted by law, PROPELLER HEALTH DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. We will not be responsible or liable for any harm to your computer system or mobile device, loss of data, or other harm that results from your access to or use of the Services. You also agree that Propeller Health has no responsibility or liability for the deletion of, or the failure to store or to transmit, any information or data and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error free basis. No advice or information, whether oral or written, obtained from Propeller Health or through our Services, will create any warranty not expressly made herein. THIS DISCLAIMER OF WARRANTIES MAY NOT BE ALLOWED IN CERTAIN JURISDICTIONS, SO THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU.
- Indemnification. We are not responsible or liable for any actions taken by you as a result of your use of our Services, Sensor, App or Website. You hereby agree to defend, indemnify and hold Propeller Health, its officers, directors, employees, owners, successors and assigns harmless against all losses, damages or expenses of whatever form or nature, including actual attorneys’ fees and other costs of legal defense, whether direct or indirect, which they, or any of them, may sustain or incur as a result of your act or omission including, but not limited to, (i) your breach of any of the provisions of this Agreement, (ii) your negligence or other tortious conduct or (iii) your use of the Services.
- Limitation of Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PROPELLER HEALTH, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, AND (v) ANY DAMAGE TO EQUIPMENT CAUSED BY THE SERVICES AND ANY COST OF RECOVERING LOST DATA OR OF REPROGRAMMING WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, PERSONAL INJURY OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PROPELLER HEALTH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU.
- Copyright and Restrictions on Use. You acknowledge that the Services, the process and technologies included therein, as well as any other information or materials made available to you by us through the Website or App are valuable assets, trade secrets, and/or copyrighted material of Propeller Health and that we retain title to them. Under no circumstances may you copy the Services or the accompanying documentation for the purposes of distribution to others, nor may you remove the copyright notices on the Services or the accompanying documentation. You may not: (a) disassemble, decompile, reverse engineer, reproduce, alter or attempt to derive the source code of the Services nor permit any third party to do so; (b) obtain for or assist third parties in obtaining access to the Services; (c) copy the Services; (d) modify or create derivative works based upon the Services; (e) attempt to delete, disable, or otherwise circumvent any security measures implemented by Propeller Health with respect to the Services; (f) write or develop any software based upon or developed with reference to the Services; (g) assist, permit, or authorize any third party entity to perform any of the activities prohibited by this Agreement; or (h) remove any proprietary notices, labels or marks that are on or in the Services.
- Web Analytics. Propeller Health uses Google Analytics, a web analytics service provided by Google, Inc. to help improve our website(s). Google Analytics evaluates the usage of our websites in order to compile reports on user activities and to provide other web analytics services for Propeller Health. The data collected by Google (enrollment information including answer selection and page viewed) will be stored in cookies on your browser and will be transmitted and stored on a Google server in the United States. The IP address (or reduced IP address) transmitted from your browser during the course of Google Analytics will not be associated with any other data held by Google. You can prevent the storage of Google Analytics cookies by selecting the appropriate settings on your browser. You can prevent the collection by Google of data generated by your use (including your IP address) as well as the processing of this data by Google by downloading and installing an opt-out browser plug-in at http://tools.google.com/dlpage/gaoptout. For further information on Google Analytics and Google’s data collection and usage practices, please see the http://www.google.com/intl/en/policies/privacy/ and http://www.google.com/analytics/terms/us.html.
- Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin without regard to its conflict of laws principles. Nothing in this Agreement will be deemed to create an employment, partnership, agency or joint venture relationship between you and Propeller Health. If any provision of this Agreement is held invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced. This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Propeller Health without restriction. Our failure to act with respect to a breach of this Agreement does not waive our right to act with respect to subsequent or similar breaches. Propeller Health does not guarantee it will take action against all breaches of this Agreement.