TERMS AND CONDITIONS FOR THE SEQUELCARE PORTAL
Last updated December 1st, 2022
1.2. Prior to your first Use of the Platform(following completion of the registration process), you will need to positively accept these T&Cs according to the instructions given on the Platform. By doing so, you hereby confirm that you have read, understood and agree to be bound by these T&Cs in their entirety. If you do not agree to the T&Cs in their entirety, you cannot Use the Platform, and you are required to log off from the Platform and close your Account.
1.3. Furthermore, by accepting theseT&Cs, You hereby waive any rights or requirements under any applicable laws or regulations in any jurisdiction which require an original (non-electronic)signature or delivery or retention of non-electronic records, to the maximum extent permitted under applicable law.
2. NOTE TO CARE PROVIDER: IF YOU ARE USING THE SERVICES ON BEHALF OF A HEALTHCARE PROVIDER WHICH IS YOUR EMPLOYER AND THAT HAS ENTERED INTO A CONTRACTUAL RELATIONSHIP WITH US, THOSE CONTRACTUAL TERMS WILL GOVERN YOUR USE OF THE Platform AND SUPERSEDE THESE TERMS AND CONDITIONS IN THE EVENT OF ANY CONFLICT.
THE SERVICES ARE INTENDED FOR USE BY QUALIFIED HEALTHCARE PROFESSIONALS OR PROVIDERS OR PEER SUPPORTERS FOR INFORMATIONAL PURPOSES ONLY. THE SERVICES DO NOT CONSTITUTE MEDICAL ADVICE OR DIAGNOSIS, AND THEY DO NOT SERVE AS A SUBSTITUTE FOR THE PROFESSIONAL ADVICE OF A QUALIFIED HEALTHCARE PROFESSIONAL WHEN REQUIRED BUT RATHER AS A SUPPORTING TOOL FOR INFORMATION MANAGEMENT.
In these T&Cs, the following terms shall have the meaning set forth below, unless the context requires otherwise:
3.1. "Content" means any information of any kind (excluding Care Information) incorporated in the Platform, including (without limitations) texts, verbal and visual content, articles, publications, legal updates, design, graphic language, videos, materials, data, photos, pictures, drawings, sound files, graphic files, links, computer code, texts and any other information displayed or presented in the Platform, whether owned by PelotonHealth or by a third party that granted Peloton Health with a right to use it in the Platform; including each of the above-mentioned items if extracted from the Platform and made available on the Platform.
3.3. "Services" means the provision of Our proprietary Platform for Care Providers and PeerSupporters. The Platform functions in correspondence with the App in order to facilitate the collaboration between various Users and the End-Users involved in the management and support of an End-User’sCare Plan.
3.4. “User” means a PeerSupporter or a Care Provider.
3.5. "Use" means the registration on our web portal and access to the Platform through the web portal link, including your access and/or view and/or visit and/or browsing in or to the Platform for any purpose.
4. The Use of the Platform
4.1. Limited Purpose for the Use of the Platform. The Platform is a web service which enables Peer Supporters and Care Providers to assist End-Users to manage their Care Plan in collaboration with the Peer Supporter and/or Care Provider. In particular, the User can use the Platform to:
i) view Care Information(including which was collected or generated on the App), which was made available on the Platform by the End User, such as End-User’s personal goals, tasks and steps to be taken to achieve those goals;
ii) add to the End User’s personal journal documenting and monitoring his/her progress in the Care Plan and goals based on the questionnaires and other Information collected through the App;
iii) communicate with the End User including: viewing and responding to goals and tasks set by the End User, giving instructions to the End User regarding the Care Plan also through text messages; exchanging feedback with the End User through the text chat/video chat function.
4.2. Accessing the Platform.
4.2.1. The Platform will be made available to a User that has filled the on-line registration form at Our web portal available at https://portal.sequel.care/and has received a link through which access to the Platform is enabled.
4.2.2. Minimum requirements for use of the Platform are listed on Our support page at https://sequel.care/support, as may be updated from time to time.
4.3. Instructions for Registration.
4.3.2. After the Account is successfully opened, the User will receive a link to the Platform via email, to the same email address used through the Account registration process, and after he/she sets his/her password, the User will be able to access and use the Platform.
4.3.3. A User will only be able to enter and/or upload and/or view all or part of the Care Information relating to anEnd User if the End User has granted the User or the Health Care Provider with which the User is associated, specific consent to open an Account and access that End-Users Care Information. The User or the Health Care Provider is responsible for obtaining the End-User consent and for ceasing to access End-User Care Information if such consent is subsequently revoked. The Care Provider may transmit Care Information collected and/or created by him/her on the Platform, to the App.
4.3.4. In order to upload Care Information to the Platform or view it, a User shall be required to follow the instructions that the Platform will display. File types and file sizes constraints may be applied and may change over time. An indication will appear as needed.
4.4. Your responsibility. (i) You shall not share your Account and login information with any third party, let anyone else access or use your Account, or do anything else that might jeopardize the security of your Account. (ii) In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the login information, you must immediately notify us at firstname.lastname@example.org and modify your login information; (iii)You are solely responsible for maintaining the confidentiality of your login information and for restricting access to your PC or other device while logged into the Account. (iv) You will be responsible for all activities coming from your Account or from your PC or other device, including uploading Care Information, whether or not authorized by you. (v) You are solely responsible for adequate protection and backup of Personal Information (including the CareInformation) and/or the PC or other device from which you access the Platform, and hereby irrevocably waive any claim against Peloton Health for loss or corruption of data, or any damage to your PC or device. (vi) You are responsible for compliance with applicable local laws and regulations related to your Use of the Platform.
4.5. Your representations: By using the Platform, you hereby warrant and represent as follows:
4.5.1. You are aware that you are not obligated by law to enter and/or upload into the Platform any Personal Information (including any Care Information relating to the End User which has invited you to Use thePlatform), and any provision of it is based on your free will;
4.5.2. Your Personal Information that you enter into and/or upload to the Platform in order to create and use your Account, is yours, you have all rights in and to your Personal Information, and it is accurate and complete;
4.5.3. Any Care Information provided and/or otherwise uploaded by you to the Platform about an End User is lawfully obtained by you in compliance with all applicable laws, you have a lawful basis for processing such Care Information, and if such lawful basis is consent – such consent was obtained according to the Data Protection Laws and other applicable laws;
4.5.4. You are aware that any Information provided by you while using the Platform and/or otherwise processed by us due to your Use of the Platform will be used by us and/or by third-party service providers which are working on our behalf, all - for the purposes set forth in our PrivacyPolicy (which is available at https://sequel.care/privacy-policy).
4.5.5. You will Use the Platform according to the terms herein and not abuse the Platform and/or the Services for any purposes than the purposes listed in Section 4.1.
4.6. Support. If you encounter any problem in the use of the Platform, you can send an e-mail to: email@example.com. Our support is available only via email during our standard working hours. Our support services include reasonable commercial efforts to address malfunctions of the Platform which are in our control.
5. Electronic Product License Agreement – APA
5.1. We have recently signed an electronic product license agreement (“EPLA”) with the American Psychiatric Association(“APA”). Therefore, We received a limited nonexclusive, nontransferable right and license to reproduce and distribute the DSM-5-TR as incorporated in Our Platform and App, and for the sole purpose of internal use by Us in the English or Hebrew language and throughout the United States of America and Israel.
5.2. As a User of the Platform, you may be exposed to information whose origin is the DSM-5-TR, including all the online assessment measures specified in Exhibit A of the EPLA (“DSM Measures”).
5.3. You shall not distribute, publish, translate, or transfer possession of DSM Measures.
5.4. You shall not create derivative works based on the DSM Measures or DSM-5-TR, sell, lease, or license it or otherwise make it available to a non-authorized party.
5.5. Disclaimer of Warranties. WEAND APA EXPRESSLY DISCLAIM AND EXCLUDE ALL WARRANTIES (INCLUDING WITHOUT LIMITATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, IN RELATION TO OUR USE OF THE DSM MEASURES IN OUR PRODUCTS AND SERVICES.
5.6. Disclaimer of Medical Liability. DSM-5-TR is not a substitute for, is not designed to, and does not provide, medical advice. It is a guide for Care Providers. Every Care Provider should use his or her own medical judgment and skill in diagnosing mental illness. Peloton Health shall not be liable to you or any third party if readers of DSM-5-TR disregard professional medical advice, or delay in seeking such advice, because of something they have read in the DSM-5-TR. Peloton Health shall not be liable to you or any third party if readers rely solely on information in DSM-5-TR in making diagnoses, or in place of seeking professional medical advice. RELIANCE ON ANY INFORMATION CONTAINED IN DSM-5-TR, INCLUDING THE MEASURES, IS SOLELY AT THE READER’S OR USER’S OWN RISK.
Moreover, Peloton Health is not responsible or liable to you or any third party for any advice, course of treatment or diagnosis provided by a physician or other Care Provider. Peloton Health neither recommends nor endorses any specific tests, products, procedures, opinions or other information that may be recommended to a reader or User by a health Care Provider.
6. Ownership and Intellectual Property Rights
6.1. The intellectual property and all other rights, title and interest of any nature, in and to your Personal Information are and shall remain your exclusive property. The intellectual property and all other rights, title and interest of any nature, in an End User’s Personal Information are and shall remain that End User’s exclusive property. Except as expressly set forth herein, nothing in these T&Cs shall be construed as transferring any rights, title or interests in your Personal Information to PelotonHealth or to any third party.
6.2. The Platform (including any Content thereof) is owned by Peloton Health (or any third party acting on PelotonHealth's behalf or providing a license to use its content), and is protected by copyright and other intellectual property laws and treaties. We, and our licensors, own any and all rights, title and interest in and to the Platform, including all copyright and other intellectual property rights in the Platform(including its Content), and the limited license granted herein (as set forth in section 7 below) does not provide you with any title or ownership rights in or to the Platform.
6.3. The copyright in the DSM-5-TR and the DSM Measures is owned by APA.
7. Grant of License.
7.1. Subject to your Use of the Platform according to these T&Cs, we hereby grant you a worldwide, non-exclusive, non-transferable, non-sub licensable, limited and revocable license to Use the Platform on any PC or other device that You legally own or control. You may not Use the Platform for any other purpose. Any software that updates, supplements, or replaces the original Platform is governed by these T&Cs unless separate license terms accompany such update, supplement, or replacement, in which case such separate terms will govern in the event of a conflict with these T&Cs, or as otherwise provided in such separate terms.
8. License Limitations
8.1. Peloton Health reserves all rights not expressly granted to you in these T&Cs. Without limiting the foregoing, you will not do, or authorize, or permit any third party to do any of the following: (a) rent, lease, loan, license, sell, redistribute or sublicense the Platform; (b) distribute or copy the Platform; (c) crawl, reverse engineer, decompile, disassemble, or attempt to discover the source code for the Platform; (d) modify, alter, or create any derivative works of the Platform;(e) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Platform; (f) Use the Platform for any illegal purpose, or in violation of any applicable law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, doctor-patient professional secrecy, etc.; (g) attempt to gain unauthorized access to the Platform, or any part of it (including, any unauthorized and/or unlawful access to Care Information), other accounts, computer systems or networks connected to the Platform through hacking or any other means or interfere or attempt to interfere with the proper working of thePlatform or any activities conducted via the Platform by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. (h)exploit the Platform in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
9.1. ANY INFORMATION OR DATA THAT IS PROVIDED OR PRESENTED TO YOU BASED ON THE CARE INFORMATION ENTERED INTO AND/OR UPLOADED TOTHE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY CARE INFORMATION ENTERED INTO AND/OR UPLOADED BY AN END USER VIA THE APP AND TRANSMITTED TO THE PLATFORM AND/OR COLLECTED DUE TO YOUR USE OF THE PLATFORM (TOGETHER SHALL BE REFERRED TO AS THE "OUTPUT")IS BASED ON THE ASSUMPTION THAT SUCH INFORMATION IS COMPLETE AND CORRECT.
9.2. NEVERTHELESS, PELOTON HEALTH HAS NO CONTROL OVER THE CARE INFORMATION WHICH IS ENTERED INTO AND/OR UPLOADED TO THE PLATFORM (AND/OR ENTERED INTO OR UPLOADED TO THE APP AND SUBSEQUENTLY TRANSMITTED TO THE PLATFORM) OR PRESENTED THEREIN BY AN END-USER, NOR DOES IT SUPERVISE OR OTHERWISE CHECK ITS SOURCE, ITS VALIDITY, CORRECTNESS, RELIABILITY, ACCURACY, COMPLETENESS OR ANY OTHER ASPECT ASSOCIATED WITH THE CARE INFORMATION. PELOTON HEALTH HEREBY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, REGARDING THE INFORMATION IN THE PLATFORM (INCLUDING CARE INFORMATION REGARDING THE END-USER AND/OR ANY USER'S PERSONAL INFORMATION), WHETHER UPLOADED BY AN END-USER TO THE APP AND TRANSMITTED TO THE PLATFORM OR UPLOADED TO THE PLATFORM BY A USER AND TRANSMITTED TO THE APP, AND PRESENTED IN THE PLATFORM.
9.3. ANY OUTPUT IS GENERATED FOR GENERAL INDICATIVE PURPOSES AND AS A DECISION SUPPORT TOOL ONLY. THE OUTPUT IS NOT INTENDED FOR, AND SHOULD NOT BE REGARDED AS, MEDICAL DIAGNOSIS AND/OR TO SERVE AS AND AID FOR MEDICAL DIAGNOSIS, AND/OR TO PROVIDE ANY MEDICAL ADVICE, AND/OR
9.4. ANY OUTPUT SHOULD NOT BE CONSIDERED AS SUBSTITUTE TO MEDICAL DIAGNOSIS AND TREATMENT, AND ALL OF THE AFOREMENTIONED SHOULD BE MADE OR PROVIDED ONLY BY A QUALIFIED PHYSICIAN AND/OR OTHER LICENSED SPECIALIST.
9.5. NEITHER PELOTON HEALTH NOR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, AGENTS, AND AFFILIATES OR THIRD PARTY PROVIDERS SHALL BE HELD LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES CAUSED DUE TO RELIANCE ON ANY OUTPUT PROVIDED VIA THE PLATFORM, OR DUE TO ANY MEDICAL DIAGNOSIS OR TREATMENT MADE OR PROVIDED BASED ON THE OUTPUT. ANY USE OR RELIANCE ON ANY SUCH OUTPUT IS MADE AT USER'S OWN RISK AND PELOTON HEALTH IS RELEASED FROM ANY WARRANTY OR LIABILITY THERETO OR THEREFROM.
9.6. PELOTON HEALTH DOES NOT EXECUTE PRELIMINARY OR ANY OTHER CHECK REGARDING USERS OF THE PLATFORM. IN ADDITION, PELOTON HEALTH DOES NOT CHECK ANY CARE PROVIDER'S QUALIFICATIONS, PROFESSIONAL SKILLS, AND EXPERIENCE IN ANY MEDICAL FIELD; PELOTON HEALTH DOES NOT RECEIVE AND/OR IS NOT OTHERWISE EXPOSED TO ANY TREATMENT PLAN, MEDICAL ADVICE OR ANY OTHER RECOMMENDATION PROVIDED BY A CARE PROVIDER TO ITS END-USERS, AND HAS NO CONTROL OVER IT. THEREFORE, PELOTON HEALTH IRREVOCABLY DISCLAIMS ANY AND ALL RESPONSIBILITY AND/OR LIABILITY OF ANY KIND IN THIS REGARD.
9.7. YOUR DECISION TO USE THE PLATFORM IN ANY PROFESSIONAL, MEDICAL, LEGAL, PERSONAL OR FINANCIAL MATTERS, REFLECT THIS ALLOCATION OF RISK, AND YOU HEREBY DISCLAIM AND EXEMPT PELOTON HEALTH FROM ANY AND ALL RESPONSIBILITIES AND/OR LIABILITIES RELATED, DIRECTLY OR INDIRECTLY, TO THE FOREGOING.
10. No Warranty and Limitation of Liability
10.1. THE PLATFORM INCLUDING THE DSM MEASURES IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITH ALL FAULTS, DEFECTS AND ERRORS, AND WITHOUT ANY WARRANTY OF ANY KIND. PELOTON HEALTH SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, ARISING BY LAW OR OTHERWISE, REGARDING THE PLATFORM INCLUDING THE DSM MEASURES AND ITS PERFORMANCE, ITS SUITABILITY FOR YOUR INTENDED USE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, THAT THE USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE, THAT ALL VULNERABILITIES AND DEFECTS WILL BE DETECTED, THAT THE PLATFORM IS FREE FROM VIRUSES OR OTHER HARMFUL CODE, OR THAT THE PLATFORM (INCLUDING ANY ADVICE OR TREATMENT OR RECOMMENDATION PROVIDED BY A CARE PROVIDER OR PEER SUPPORTER TO AN END-USER), WILL ASSIST THE END-USER IN ANY WAY.
10.2. WE DISCLAIM ANY LIABILITY FOR ANY CONSEQUENCES DUE TO USE, MISUSE, OR INTERPRETATION OF INFORMATION CONTAINED OR NOT CONTAINED IN THE DSM MEASURES OR DSM-5-TR.
10.3. PELOTON HEALTH DOES NOT WARRANT THAT THE PLATFORM WILL BE AVAILABLE, FREE OF BUGS, ERRORS, VIRUSES, OR OTHER DEFECTS, AND PELOTON HEALTH SHALL HAVE NO LIABILITY OF ANY KIND FOR THE USE OF, OR INABILITY TO USE THE PLATFORM.
10.4. Peloton Health may be entitled,at its sole discretion, to discontinue or suspend access to the Platform at anytime and for any reason. Also, Peloton Health shall be entitled to change thescope of the Platform, add and/or omit some features, charge fees for the useof the Platform, and/or execute any other action, at Peloton Health's solediscretion.
10.5. All disclaimers of warranty andlimitations of liability will apply to APA as well.
11. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PELOTON HEALTH, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, AGENTS AND AFFILIATES OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LIABILITIES WHATSOEVER ARISING FROM, OR RELATING TO THE PLATFORM, THE SERVICES OR THESE T&Cs, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, EVEN IF PELOTON HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOLE REMEDY AVAILABLE TO YOU FROM PELOTON HEALTH IN ANY SUCH EVENT AND NOT WITHSTANDING THE PROVISIONS OF ANY LAW, IS DISCONTINUANCE OF USING THE PLATFORM AND CLOSING YOUR ACCOUNT IN THE PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, AND IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
12. Release and Indemnification. You hereby release and forever discharge, and agree to indemnify, defend and hold us, our officers, directors, employees, shareholders, agents and affiliates, harmless from all liabilities, claims, loss and damages (of every kind, whether known or unknown and suspected or unsuspected), and including reasonable attorney's fees related in any way to your Use of the Platform not in accordance to the T&Cs or in violation of these T&Cs. You also agree to indemnify us and hold us harmless from and against any and all claims brought by third parties arising out of your use of the Services and the Information you submit to the Services by any means, including without limitation through a posting, a link, reference to other information, or otherwise.
13. Third Party Terms of Agreement. The Platform may contain links and reference to third party websites and/or include third-party component(s) and/or service(s) ("ThirdParty Services"). Without derogating from the generality of Section 9.1above, the Third Party Services are provided (if and to the extent provided, a tour sole discretion) as a convenience to you, and when you access to any such ThirdParty Services You must comply with the applicable Third Party Services' terms and conditions. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Services. In no event will we be responsible for the information contained in, transmissions received from, or your use of or inability to use such Third Party Services.
14. Termination. Peloton Health may terminate these T&Cs and any Account opened in connection with your Use of the Platform at any time for any reason, or for no reason, immediately upon notice. Upon such termination, you agree not to Use or copy the Platform or any part thereof or to register for any new Account. In the event of the termination of the T&Cs for any reason: (a) the license granted to you to Use the Platform under these T&Cs will terminate immediately; (b) You must immediately upon receiving any notice of termination cease all Use of the Platform and close your Account.
16. Assignment. You may not assign or transfer these T&Cs, or any of your rights under these T&Cs without the prior written consent of Peloton Health, and any attempted assignment without such consent shall be void.
17. Governing Law. These T&Cs shall be governed by the laws of the State of Israel (without giving effect to its conflict of law's provisions), and any matter, or dispute arising out of or in connection with them or in connection with the Platform or Services shall be subject to the exclusive jurisdiction of the courts of the Tel Aviv-Jaffa, Israel.
18. Severability. If any term of these T&Cs is found to be unenforceable, or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of these T&Cs will remain in full force and effect.
19. No Waiver. No waiver of any right under the T&Cs will be deemed effective unless contained in writing signed by Peloton Health, and no waiver of any past or present right arising from any breach, or failure to perform will be deemed to be a waiver of any future rights arising out of these T&Cs.
21. Contact Us. Should you have any question or complaint regarding the Platform, Services and/or the license granted herein, you may contact us at: firstname.lastname@example.org.
Last Updated: December 1st, 2022
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