Pulsara | End User License Agreement

General: This mobile application (App) is provided by CommuniCare Technology, Inc. dba Pulsara (Pulsara). Any comments or enquiries regarding the application can be made to Cynthia Bradford Lencioni, COO at CommuniCare Technology, Inc. dba Pulsara, 2880 Technology Blvd. W., Bozeman, MT 59718 or +1 (877) 903-5642. This End User Licence Agreement (EULA) sets out the terms on which you may use the App. You are provided with access to the App by the health care provider you work for or otherwise provide services to (Health Care Service) and access may be revoked by that Health Care Service, or by Pulsara in accordance with your Health Care Service's subscription agreement with Pulsara, at any time. If you do not agree with this EULA, you should not download or use the App. We may suspend or disable your access to the App if you do not comply with this EULA.

Terms of use: You agree to keep your account information, including user ID, password and PIN confidential and not to allow anyone else to use the App on your behalf. You should immediately notify your Health Care Service of any unauthorised access to, or use of, your account information.

You will not, in connection with using the App: (1) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful or violative of third-party privacy rights; (2) send or store material containing software viruses, worms, trojan horses, or other harmful computer code, files, scripts, agents, or programs; (3) interfere with or disrupt the performance of the App, or the data contained in the App; (4) attempt to gain unauthorized access to the App or its related systems or networks; or (5) access the App for purposes of monitoring its availability, performance, or functionality in any manner that may result in degradation of the performance of the App, or for any other benchmarking or competitive purposes.

You will not: (1) reverse-engineer, decompile, disassemble, translate, create derivative works from, or otherwise attempt to obtain access to the source code of, any aspect of the App; (2) copy, reproduce, alter, or otherwise modify the App; (3) lease, loan, sublicense, distribute, or otherwise provide others access to or with any aspect of the App.

Recordings: The App may contain functionality which allows you to make audio and/or video recordings of yourself. If you elect to use the recording functionality, you are consenting to audio and/or video recordings of you being made.

Disclaimers and Liability: Any and all third-party technology or websites provided, made available, linked to, or otherwise accessible through the App (Third Party Technology) are provided solely as a convenience and are not under the control of Pulsara. Pulsara does not endorse, recommend, or otherwise make any representations or warranties with respect to any Third-Party Technology and does not have any responsibility or liability to you for any Third-Party Technology.

Except as provided for in this EULA, and subject to any Mandatory Terms, Pulsara makes no representations or warranties, express or implied, with respect to the App, and to the extent permitted by law, in no event shall Pulsara be liable for any loss or damage (including direct, incidental, special, indirect, or consequential damages) arising out of or related to your use or inability to use the App, however caused, regardless of the theory of liability (contract, tort, including negligence, or otherwise) and even if Pulsara has been advised of the possibility of such damages. Without limiting the generality of the foregoing, Pulsara makes no warranty, representation, or guarantee: (1) as to any information offered or provided within or through the App regarding treatment of medical conditions, actions, diagnoses, procedures, application of medication, or other provision of medical services; (2) that the use of the App will be uninterrupted or error-free. Except as otherwise expressly provided for in this EULA, your use of the App, and any Third Party Technology is at your own risk. Without limiting the foregoing, if you reside in New Zealand and are in "trade" as defined in the Fair Trading Act 1986, you agree that for the purposes of section 5D of the Fair Trading Act 1986 and section 43 of the Consumer Guarantees Act 1993:

the App is being supplied and acquired in trade;
the parties to this End User Licence Agreement are all in trade;
sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 and the provisions of the Consumer Guarantees Act 1993 do not apply to this End User Licence Agreement or to any matters, information, representations or circumstances covered by this End User Licence Agreement; and
it is fair and reasonable that the parties are bound by this clause.

To the extent permitted by law, if, notwithstanding the above disclaimers and acknowledgement, Pulsara is found liable for breach of any condition or warranty implied or a consumer guarantee imposed by virtue of any law and that, by law, cannot be excluded (a Mandatory Term), Pulsara's liability for that breach is limited to the applicable statutory remedy for that breach. .

Privacy: When you download, register with, and use the App, your personal information is being collected by Pulsara. In most cases, we will only collect personal information which you voluntarily provide to us for the purpose of setting up your account, when you add information to your user profile, and/or when you contact us with questions or for help or in respect of anything else, via the App or otherwise. When we collect your personal information in connection with services we are providing to the Health Care Service, we hold the personal information as agent for the Health Care Service for the purposes of data processing as required to provide services to the Health Care Service.

The personal information we will collect about you via the App will include your name, email address, mobile phone number, username and password, details of your employment and profession, and other information that you input into or provide to us via the App or otherwise, including search terms and requests for information. We may also collect, and you authorise us to collect, personal information about you from other sources, including:

from the App, including information about the mobile device which you use to access the App, which is limited to information regarding the brand, make, and model and type of operating software your device uses;
in some cases, we will collect information about your location from the App. Certain features of the App use GPS technology to collect real-time information about the location of your device so that the App can determine your approximate distance from the Health Care Service where a patient is being transported; and
from the Health Care Service which provides you with access to the Pulsara services.

We use and disclose your personal information to provide you with the App and its contents; to respond to your enquiries, complaints, and other communications; and to notify you when App updates are available, and of changes to any products or services we offer or provide through it. Other health care providers associated with the Health Care Service and/or a patient may be able to view some of your personal information.

If we are not able to collect your personal information, you are not permitted to use the App.

Personal information which we collect and hold will be stored by us outside of New Zealand, in countries including the United States. It may also be disclosed to service providers, our subsidiaries and affiliates, or to other third parties where necessary to protect your safety or the safety of others, to protect our rights, to investigate fraud, or to respond to a government request or where required by law. Recipients located outside of New Zealand may not be required to protect the information in a way that provides comparable safeguards to those in New Zealand's Privacy Act. By clicking the "I AGREE" button in the Application, you consent to Pulsara disclosing your personal information to foreign persons or entities in accordance with its privacy policy.

Our Privacy Policy contains further information about how you may access and seek correction of your personal information held by us, as well as information about how you may make a complaint against us regarding breach of our privacy obligations and how we will deal with that complaint.

BY CLICKING ON THE “I AGREE” BUTTON IN THE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS END USER LICENCE AGREEMENT AND AGREE TO BE BOUND BY IT.

App Store Terms: You acknowledge that: (i) Apple Pty Limited, Apple, Inc. or any of their subsidiaries or related entities (Apple) are not a party to this EULA; and (ii) Pulsara is solely responsible for the App and its content. You are entitled to use the App on an Apple device in accordance with the Usage Rules set out in the App Store Terms and Conditions. The licence granted to you under this End User Licence Agreement is a non-transferable licence to use the App on any Apple-brand products that you own or control and as permitted by the Usage Rules set out in the App Store Terms and Conditions. You acknowledge that maintenance and support services for the App, if any, will be provided by Pulsara and that Apple has no obligation whatsoever to provide any such services for the App. You acknowledge that Pulsara, not Apple, is responsible for addressing any claims from you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Notwithstanding any other term of this EULA, if the App does not comply with any applicable warranty or guarantee, you may notify Apple and Apple will refund the purchase price you paid for the App, if any. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses incurred by you in connection with the App's failure to comply with any warranty will be Pulsara’s sole responsibility. You acknowledge that in the event of any third party claim that the App, or your possession and use of the App, infringes that third party’s intellectual property rights, Pulsara, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and, on your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof (and Pulsara holds this EULA on trust for Apple for this purpose). You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported: (i) into any U.S. embargoed countries, or any country that has been designated by the U.S. Government as a "terrorist supporting" country; or (ii) to anyone on any U.S. Government list of prohibited or restricted parties . By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the App for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

End User Licence Agreement – Patients

General: This mobile application (App) is provided by CommuniCare Technology, Inc. trading as Pulsara (Pulsara). This End User Licence Agreement (EULA) sets out the terms on which you may use the App. If you do not agree with this EULA, you should not download or use the App. We may suspend or disable your access to the App if you do not comply with this EULA.

Terms of use: You agree to keep your account information, including user ID, password, and PIN, confidential and not to allow anyone else to use the App on your behalf. You should immediately notify Pulsara and your health care provider of any unauthorised access to, or use of, your account information.

You will not, in connection with using the App: (1) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful or violative of third-party privacy rights; (2) send or store material containing software viruses, worms, trojan horses, or other harmful computer code, files, scripts, agents, or programs; (3) interfere with or disrupt the performance of the App, or the data contained in the App; (4) attempt to gain unauthorized access to the App or its related systems or networks; or (5) access the App for purposes of monitoring its availability, performance, or functionality in any manner that may result in degradation of the performance of the App, or for any other benchmarking or competitive purposes.

Disclaimers and Liability: Any and all third-party technology or websites provided, made available, linked to, or otherwise accessible through the App (Third-Party Technology) are provided solely as a convenience and are not under the control of Pulsara. Pulsara does not endorse, recommend, or otherwise make any representations or warranties with respect to any Third-Party Technology and does not have any responsibility or liability to you for any Third-Party Technology.

Except as provided for in this EULA, and subject to any Mandatory Terms, Pulsara makes no representations or warranties, express or implied, with respect to the App, and to the extent permitted by law, in no event shall Pulsara be liable for any loss or damage (including direct, incidental, special, indirect, or consequential damages) arising out of or related to your use or inability to use the App, however caused, regardless of the theory of liability (contract, tort, including negligence or otherwise) and even if Pulsara has been advised of the possibility of such damages. Without limiting the generality of the foregoing, Pulsara, makes no warranty, representation, or guarantee: (1) as to any information offered or provided within or through the App regarding treatment of medical conditions, actions, diagnoses, procedures, application of medication, or other provision of medical services; (2) that the use of the App will be uninterrupted or error-free. Except as otherwise expressly provided for in this EULA, your use of the App, and any Third Party Technology is at your own risk.

To the extent permitted by law, Pulsara expressly limits its liability for breach of any condition or warranty implied or a consumer guarantee imposed by virtue of any law and that, by law, cannot be excluded (a Mandatory Term) to the applicable statutory remedy for that breach .

Privacy: When you download, register with and use the App, your personal information is being collected by Pulsara. In most cases, we will only collect personal information which you voluntarily provide to us for the purpose of setting up your account, when you add information to your user profile and/or when you contact us with questions or for help or in respect of anything else, via the App or otherwise. When we collect your personal information in connection with services we are providing to a healthcare provider, we hold the personal information as agent for the healthcare provider for the purposes of data processing as required to provide services to the healthcare provider.

The personal information we will collect about you via the App will include your name, email address, mobile phone number, user name and password, and other information that you input into or provide to us via the App or otherwise. We may also collect personal information about you from other sources, including:

from the App, including information about the mobile device which you use to access the App, which is limited to information regarding the brand, make, and model and type of operating software your device uses; and
in some cases, we will collect information about your location from the App. Certain features of the App use GPS technology to collect real-time information about the location of your device so that the App can determine your approximate distance from the relevant health care facility.

When you download and install the App onto your mobile device, we assign a random number to your App installation. Through this number we can identify you personally once you become a registered user of the App. We use this random number in a manner similar to our use of cookies to allow the App to function more efficiently. Unlike cookies, however, this number cannot be removed through settings. If you do not want us to use the number for the purposes for which we use cookies, please do not use the App.

We will also hold other personal information (including health information) which you or the healthcare worker who is providing medical services to you submits via the App.

We use and disclose your personal information to provide you with the App and its contents; to respond to your enquiries, complaints, and other communications; facilitate communications between you and your healthcare provider(s); and to notify you when App updates are available, and of changes to any products or services we offer or provide through it. Other health care providers providing services to you may be able to view some of your personal information.

If we are not able to collect your personal information, you are not permitted to use the App.

Personal information which we collect and hold will be stored by us outside of New Zealand, in countries including the USA. It may also be disclosed to service providers, our subsidiaries and affiliates, or to other third parties where necessary to protect your safety or the safety of others, to protect our rights, to investigate fraud, or to respond to a government request or where required by law. Recipients may be located in the United States and elsewhere and may not be required to protect the information in a way that provides comparable safeguards to those in New Zealand's Privacy Act. By clicking the "I AGREE" button in the Application, you consent to Pulsara disclosing your personal information to foreign persons or entities in accordance with its privacy policy.

BY CLICKING ON THE “I AGREE” BUTTON IN THE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS END USER LICENCE AGREEMENT AND AGREE TO BE BOUND BY IT.

App Store Terms: You acknowledge that: (i) Apple Pty Limited, Apple, Inc. or any of their subsidiaries or related entities (Apple) are not a party to this EULA; and (ii) Pulsara is solely responsible for the App and its content. You are entitled to use the App on an Apple device in accordance with the Usage Rules set out in the App Store Terms and Conditions. The licence granted to you under this End User Licence Agreement is a non-transferable licence to use the App on any Apple-brand products that you own or control and as permitted by the Usage Rules set out in the App Store Terms and Condition. You acknowledge that maintenance and support services for the App, if any, will be provided by Pulsara and that Apple has no obligation whatsoever to provide any such services for the App. You acknowledge that Pulsara, not Apple, is responsible for addressing any claims from you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Notwithstanding any other term of this EULA, if the App does not comply with any applicable warranty or guarantee, you may notify Apple and Apple will refund the purchase price you paid for the App, if any. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses incurred by you in connection with the App's failure to comply with any warranty will be Pulsara’s sole responsibility. You acknowledge that in the event of any third party claim that the App, or your possession and use of the App, infringes that third party’s intellectual property rights, Pulsara, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and, on your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof (and Pulsara holds this EULA on trust for Apple for this purpose). You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported: (i) into any U.S. embargoed countries , or any country that has been designated by the U.S. Government as a "terrorist supporting" country; or (ii) to anyone on the U.S. Government list of prohibited or restricted parties. By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the App for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

Last Updated: December 30, 2020

END USER LICENSE AGREEMENT - New Zealand Healthcare Workers

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