MY ALLERGY SCORE
TERMS OF SERVICE
THESE MY ALLERGY SCORE TERMS OF SERVICE ARE EFFECTIVE AS OF MARCH 12, 2026, AND REPLACE ANY PRIOR MY ALLERGY SCORE, LLC TERMS OF SERVICE.
THESE TERMS OF SERVICE (as updated from time to time, these “Terms”) are between you, as Channel Partner or Provider (referred to herein as “you” or “your”), and My Allergy Score, LLC, an Alabama limited liability company (“MAS”, “we”, “our”, or “us”). These Terms govern your access to and use of the Application, pursuant to the written My Allergy Score Subscription Agreement executed with MAS (“Subscription Agreement”), which is subject to and hereby incorporated into and made part of these Terms.
THESE TERMS TAKE EFFECT ON THE EFFECTIVE DATE SET FORTH IN THE APPLICABLE SUBSCRIPTION AGREEMENT (the “Effective Date”). BY ACCESSING OR USING THE APPLICATION, BY CLICKING “I AGREE” OR “ACCEPT” TO THESE TERMS, OR BY EXECUTING THE SUBSCRIPTION AGREEMENT, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THESE TERMS AND, IF ENTERING INTO THESE TERMS FOR AN ORGANIZATION, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ORGANIZATION; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THEIR TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT ACCESS OR USE THE APPLICATION.
Notwithstanding anything in this Agreement to the contrary, if you are a patient that wishes to use or access the Application (whether directly or for use with one or more of your healthcare providers), our relationship with you with respect to the Application will be governed by a our Terms of Use (the “Terms of Use”) which must be agreed to by you before MAS will have any obligations to you and before you are, or anyone acting through you, is authorized to use the Application (and then subject to the terms of the Terms of Use). With respect to the relationship between MAS and a patient user of the Application, if there is a conflict between this Agreement and the Terms of Use with respect to the Application, the Terms of Use shall control.
Definitions. Capitalized terms used in these Terms have the meanings given to them in this Section 1 or as otherwise provided herein.
“Applicable Law” means any and all federal, state, or local laws, rules, or regulations applicable to the provision and use of the Application, any person’s performance under these Terms, including without limitation all applicable Inducement Laws, Referral Laws, and data privacy laws (including those governing PII).
“Application” means the My Allergy Score application that we make available for download or access via an internet browser, which is software intended to provide alerts and reminders for pre-determined intranasal medication dosing schedules and to record and transmit patient-entered medication adherence data to healthcare providers, as may be more particularly described in the software documentation for such application (with the data services made available by MAS through the Application that provide and permit the access, collection, storage, processing, analysis and/or transmission of data generated in the Application to a healthcare provider from a patient being the “MAS Services”).
“Authorized User” means (i) a Provider and its employees, consultants, contractors, and agents who are authorized by MAS to access and use the Application pursuant to the rights granted to them under these Terms and the Subscription Agreement, and (ii) individual patients of such persons.
“Channel Partner” means a supplier, network, health organization, group purchasing organization, or other person that (i) provides products or services to healthcare providers or arranges for the provision of or negotiates contractual terms for the provision of products or services to healthcare providers, and (ii) has executed a Subscription Agreement with MAS.
“Documentation” means MAS’s user manuals, handbooks, and other guides relating to the Application provided by MAS to Provider either electronically or in hard copy form.
“Intellectual Property” means any and all registered and unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights, laws, and all similar or equivalent rights or forms of protection, in any part of the world.
“MAS IP” means all Intellectual Property owned, held, or otherwise licensed to or by MAS, including without limitation, all Intellectual Property rights in and to the Application, the Documentation, and all Intellectual Property provided to you or any Authorized User in connection with the foregoing, and all Intellectual Property rights in or to any of the foregoing, whether currently existing or created in the future, and whether developed, conceived, or created by MAS or any other person (including you and your Authorized Users). For the avoidance of doubt, MAS IP includes Aggregated Statistics and any information, data, or other content derived from MAS’s monitoring of any person’s access to or use of the Application but does not include Subscriber Data.
“Permitted Purpose” means Authorized Users accessing and using the Application solely for MAS Services in accordance with these Terms, in each case solely in accordance with the Application’s intended design and Documentation and limited to providing alerts and reminders for pre-determined intranasal medication dosing schedules and to recording and transmitting patient-entered medication adherence data to healthcare providers.
“PHI” means protected health information (as that term is defined by 45 C.F.R. 160.103) that is provided or made available by you to MAS after the Effective Date.
“Privacy Policy” means our Privacy Policy, as updated from time to time, which is made available via hyperlink within the Application and on MAS's website.
“Provider” means a medical or health services provider, including without limitation an allergy or ear, nose, and throat clinic, that has either (i) executed a Subscription Agreement with MAS (either directly or pursuant to a contractual arrangement negotiated by a Channel Partner), or (ii) obtained a right and license to use the Application from a Channel Partner pursuant to the terms of a valid and active Subscription Agreement between such Channel Partner and MAS that provides such Channel Partner the right to distribute or sublicense the Application to healthcare providers.
“Subscriber Data” means, other than Aggregated Statistics, information, data, and other content that is submitted or otherwise transmitted by Provider or any of its Authorized Users through the Application.
“Third-Party Products” means any products, content, services, information, websites, or other materials that are owned by third parties and are incorporated into or accessible through the Application.
Access and Use.
Provision of Access. Subject to and conditioned on your payment of Fees and compliance with the terms and conditions of these Terms, MAS hereby grants each Provider a revocable, non-exclusive, non-transferable, limited right to access and use the Application and MAS Services (i) during the subscription term set forth in the applicable Subscription Agreement (the “Subscription Term”), (ii) solely for the Permitted Purpose, (iii) solely by Authorized Users, and (iv) in each case in strict compliance with these Terms and the Subscription Agreement. Notwithstanding anything herein to the contrary, your right to use the Application is conditioned, in all respects, on an active Subscription Agreement being in place for your use and timely payment of all fees payable to us under these Terms and the Subscription Agreement. For avoidance of doubt and notwithstanding anything herein to the contrary, no right to access or use the Application or MAS Services is provided to any Channel Partner, whether under these Terms, the Channel Partner’s Subscription Agreement, or otherwise.
Documentation License. Subject to the terms and conditions contained in these Terms, MAS hereby grants each Provider a non-exclusive, non-sublicensable, non-transferable license for Authorized Users to use the Documentation during the Subscription Term solely for its internal business purposes in connection with its and their permitted use of the Application.
Aggregated Statistics. Notwithstanding anything to the contrary in these Terms, MAS may monitor all Authorized Users’ use of the Application and collect and compile data and information related to Authorized Users’ use of the Application for use in an aggregated and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Application ("Aggregated Statistics"). As between MAS and you, all right, title, and interest in Aggregated Statistics, and all Intellectual Property rights therein, belong to and are retained solely by MAS. You acknowledge that MAS may compile Aggregated Statistics based on Subscriber Data input into the Application. You agree that MAS may (i) make Aggregated Statistics publicly available in compliance with Applicable Law, and (ii) use Aggregated Statistics to the extent and in the manner permitted under Applicable Law.
Reservation of Rights. MAS reserves all rights not expressly granted to you in these Terms. Except for the limited rights and licenses expressly granted under these Terms, nothing in these Terms grants, by implication, waiver, estoppel, or otherwise, to you or any third party, any Intellectual Property rights or other right, title, or interest in or to the MAS IP.
Suspension. Notwithstanding anything to the contrary in these Terms, MAS may suspend your and any other Authorized User's access to any portion or all of the Application and MAS Services if: (i) MAS reasonably determines that (A) there is a threat or attack on any of the MAS IP; (B) your or any other Authorized User's use of the MAS IP disrupts or poses a security risk to the MAS IP or to any other customer or vendor of MAS; (C) you or any other Authorized User is using the MAS IP for fraudulent or illegal activities or in breach of these Terms or a Subscription Agreement; (D) subject to Applicable Law, you have ceased to continue your business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or (E) MAS’s provision of the Application or MAS Services is prohibited by Applicable Law or infringes upon the Intellectual Property rights of any person; (ii) any vendor of MAS has suspended or terminated MAS’s access to or use of any Third-Party Products required to enable you to access the Application; or (iii) in accordance with Section 4(b) (any such suspension described in subclause (i), (ii), or (iii), a "Service Suspension"). MAS shall use commercially reasonable efforts to provide written notice of any Service Suspension to you and to provide updates regarding resumption of access to the Application following any Service Suspension. MAS shall use commercially reasonable efforts to resume providing access to the Application as soon as reasonably possible after the event giving rise to the Service Suspension is cured. MAS will have no liability for any damage, liabilities, losses (including any loss of or profits), or any other consequences that you or any other Authorized User may incur as a result of a Service Suspension.
MAS Services. You acknowledge and agree that (i) MAS provides the MAS Services and Application to facilitate the provision of telehealth by healthcare providers (such as Providers) by providing for the delivery of allergy data by patients to their healthcare providers, and does not engage in the practice of medicine or separately provide healthcare services; (ii) any CPT, HCPCS, or other billing designators or codes that may be referenced in or made available through the Application are provided solely for general informational purposes, do not constitute advice, guidance, or recommendations for coding, coverage, billing, or reimbursement, and should not be relied upon for claim submission; and (iii) MAS may contract and enter into arrangements with any person, and nothing in these Terms or a Subscription Agreement shall limit its ability to do so. By using the Application, you (A) consent to our monitoring and gathering of your Authorized Users’ data, (B) represent and warrant to us that you have obtained the requisite consents to provide telehealth services to your patients and to gather their data, (C) represent and warrant to us that you and your Authorized Users will use the Application and MAS Services as non-medical ancillary tools merely to facilitate your medical treatment of your Authorized Users’ allergy symptoms and not as a replacement for clinical judgment or the applicable standard of care, and (D) represent and warrant to us that all claims for reimbursement, coding, and other billing practices that you and your Authorized Users take in connection with the Application or MAS Services are your sole responsibility. Use of our MAS Services requires a Smart Device. Our MAS Services process Authorized User data, including by applying proprietary methodologies to summarize patient-reported inputs; where applicable, the Application provides data summaries and reports to patients and their healthcare providers, together with explanations sufficient to allow providers to review the basis for any scores or thresholds presented. You acknowledge and agree that the MAS Services are not a substitute for regular monitoring and medical care, and that you will ensure that all appropriate treatment, attention, and efforts are made by and for the benefit of your Authorized Users, as applicable, to maintain his or her health and wellness. Our collection, storage, and transmission of data and any other information that your Authorized Users provide through the Application and MAS Services is governed by the Privacy Policy.
Your Responsibilities.
Use Restrictions. You will not, and you will not permit anyone under your control (including any of your Authorized Users) to do or attempt to do any of the following:
use MAS Services or Application to harm, threaten, or harass any person or organization;
distribute the MAS Services or Application to any person in circumvention of these Terms, or otherwise rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application or Documentation except as expressly permitted under these Terms;
use or attempt to use any unauthorized means to modify, reroute, or gain access to MAS Services or Application;
damage, disable, overburden, interfere with or impair MAS Services (or any network or device connected to a MAS Service) or the Application;
enable unauthorized third-party applications to access or interface with MAS Services or Application;
share your account password or otherwise authorize a third party to access or use MAS Services or Application on your behalf;
sublicense or transfer any of your rights under this Agreement;
modify, copy, or make derivative works based on any MAS Service or the Application;
reverse engineer or derive the source code for the MAS Services or Application;
use the Application or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any Intellectual Property right or other right of any person, or that violates any Applicable Law, regulation, or rule;
create Internet “links” to or from any MAS Service or “frame” or “mirror” any content which forms part of any MAS Service or the Application;
use any automated process or service (such as a bot, a spider, or periodic caching of information) to access or use any MAS Service or Application, or to copy or scrape data from any MAS Services or Application; or market, advertise, or otherwise represent the Application as diagnosing, curing, mitigating, treating, or preventing disease, improving disease control, or preventing disease progression, or state or imply that use of the Application guarantees coverage, payment, or any particular level of reimbursement.
otherwise use any MAS Service or the Application in any manner that exceeds the scope of use granted to you in this Agreement; or
use unauthorized software or hardware to access any MAS Service or the Application or to modify any MAS Service or the Application in any unauthorized way (e.g., through unauthorized repairs, unauthorized upgrades, or unauthorized downloads).
Responsible for Use. You are responsible and liable for all uses of the Application and Documentation resulting from access provided by you, directly or indirectly, whether such access or use is permitted by or in violation of these Terms. Without limiting the generality of the foregoing, you are responsible for all acts and omissions of your Authorized Users, and any act or omission by an Authorized User that would constitute a breach of these Terms will be deemed a breach of these Terms by you. You shall make reasonable efforts to make all Authorized Users aware of these Terms' provisions, as applicable to such Authorized User's use of the Application, and shall cause Authorized Users to comply with such provisions.
Subscriber Data. You hereby grant to MAS a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to reproduce, distribute, modify, and otherwise use and display the Subscriber Data and perform all acts with respect to the Subscriber Data to permit MAS to (i) provide the Application to you and update, improve, or otherwise enhance the Application; (ii) perform research, analyze statistics, collect insights, and transmit usage metrics with respect to the sale, purchase, and use of Products; (iii) collect, use, analyze, share, and sell Aggregated Statistics, de-identified PHI, and de-identified Subscriber Data; and (iv) perform any other actions permitted by Applicable Law. You will ensure that Subscriber Data and any Authorized User's use of Subscriber Data will not violate any policy or terms referenced in or incorporated into these Terms or any Applicable Law. You are solely responsible for the development, content, operation, maintenance, and use of Subscriber Data.
User Accounts. The MAS Service or Application may require the creation of user accounts within the Application (each, a “User Account”). If so, your Authorized Users are required to accurately complete and maintain the User Account and to provide us with all required information. You are responsible for obtaining, maintaining, and paying for all telecommunications and other services necessary for the use of the MAS Services and/or the Application including, but not limited to, properly running compatible updated software and a suitable internet connection. Certain MAS Services and the Application will archive and store the data collected from Authorized Users (which archival and storage is governed by the Privacy Policy). As a result, such MAS Services and the Application must be used only with the proper User Account. Failure to do so may (i) cause the applicable MAS Service or the Application to perform improperly, or to not perform at all, (ii) corrupt user data, or (iii) cause inaccurate user data to be associated with the Authorized User or cause the user data to be inaccurately displayed or analyzed. See Section 7 for further information about warranties. You are responsible for keeping your passwords and access credentials associated with the Application confidential. You will not sell or transfer them to any other person or entity. You will promptly notify us about any unauthorized access to your passwords or access credentials.
Third-Party Products. The Application may incorporate Third-Party Products. Your use of Third-Party Products is subject to these Terms and any additional license provisions or other terms or permitted use restrictions required by the Licensors, manufacturers, or distributors of such Third-Party Products, whether accompanying the product, posted at the applicable third-party provider’s website, or that we otherwise provide or make available to you (including the terms located at https://www.myallergyscore.com, as may be updated from time to time). The version of such license provisions that is applicable to your use is incorporated into and made a part of these Terms. MAS does not endorse, recommend, or validate any third-party software or equipment for use with MAS Services or the Application that MAS does not incorporate into the MAS Application. Any use by you of any such third-party software or equipment is at your sole risk. We have no responsibility or liability arising from your use of such third-party software or equipment, such as problems, inaccuracies, or malfunctions in peripheral devices, Smart Devices, MAS Services, or the Application arising from such use.
Equipment. The Application is accessible through the internet by most smart phones or other smart devices (each, a “Smart Device”) capable of downloading applications from the Apple® App Store® or the Google Play® Store. You are responsible for each Smart Device you and your Authorized Users use to access the Application, including providing and maintaining properly running compatible updated software, a suitable internet connection, and an appropriate firewall and virus scanning software. You are solely responsible for obtaining the necessary equipment, systems, network connectivity, software, and environment for access to the Application, including, without limitation, modems, internet access and appropriate telecommunications services, including as may be set forth in the Documentation.
Fees and Payment.
Fees. You shall pay MAS the fees set forth in the Subscription Agreement ("Fees") in accordance with the payment terms therein. All Fees are nonrefundable (even if paid in advance) except to the limited extent otherwise set forth in Section 8(a). All Fees may be increased by MAS from time to time, not to exceed 6% in any 12-month period.
Late Payment. If you fail to make any payment when due, without limiting MAS's other rights and remedies: (i) MAS may charge interest on the past due amount at the rate of 1.5% per month calculated daily and compounded monthly or, if lower, the highest rate permitted under Applicable Law; (ii) you shall reimburse MAS for all reasonable costs incurred by MAS in collecting any late payments or interest, including attorneys' fees, court costs, and collection agency fees; and (iii) if such failure continues for ten (10) days or more, MAS may suspend, in accordance with Section 2(e), your and all other Authorized Users' access to any portion or all of the Application until such amounts are paid in full.
Taxes. All Fees and other amounts payable by you under these Terms are exclusive of taxes and similar assessments. You are responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by you hereunder, other than any taxes imposed on MAS's income.
Confidential Information. From time to time during the Term, MAS and you may disclose or make available to the other party information about its business affairs, products, confidential Intellectual Property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media, and whether or not marked, designated, or otherwise identified as “confidential” at the time of disclosure (collectively, “Confidential Information”). Without limiting the foregoing, MAS’s Confidential Information includes the Application and Documentation. Confidential Information does not include information that, at the time of disclosure, is: (a) in the public domain; (b) known to the receiving party; (c) rightfully obtained by the receiving party on a non-confidential basis from a third party; or (d) independently developed by the receiving party. The receiving party shall not disclose the disclosing party’s Confidential Information to any person or entity, except to the receiving party’s employees, agents, or subcontractors who have a need to know the Confidential Information for the receiving party to exercise its rights or perform its obligations hereunder and who are required to protect the Confidential Information in a manner no less stringent than required under these Terms. Notwithstanding the foregoing, each party may disclose Confidential Information to the limited extent required (i) to comply with the order of a court or other governmental body, or as otherwise necessary to comply with Applicable Law, provided that the party making the disclosure pursuant to the order shall first have given written notice to the other party and made a reasonable effort to obtain a protective order; or (ii) to establish a party’s rights under these Terms, including to make required court filings. Each party’s obligations of non-disclosure with regard to Confidential Information are effective as of the date such Confidential Information is first disclosed to the receiving party and will expire five years thereafter; provided, however, with respect to any Confidential Information that constitutes a trade secret (as determined under Applicable Law), such obligations of non-disclosure will survive the termination or expiration of these Terms for as long as such Confidential Information remains subject to trade secret protection under Applicable Law.
Intellectual Property Ownership; Feedback. As between you and us, (a) we and certain third parties from which we license certain technology (“Licensors”) own all right, title, and interest, including all Intellectual Property rights, in and to the Application and MAS IP, and (b) you own all right, title, and interest, including all Intellectual Property rights, in and to Subscriber Data (subject to the licenses granted herein). If you or any of your employees, contractors, or agents sends or transmits any communications or materials to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the Application, including, without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), we are free to use such Feedback irrespective of any other obligation or limitation between you and us governing such Feedback. All Feedback is and will be treated as non-confidential. You hereby assign to us on your behalf, and shall cause your employees, contractors, and agents to assign, all right, title, and interest in, and we are free to use, without any attribution or compensation to you or any third party, any ideas, know-how, concepts, techniques, or other Intellectual Property rights contained in the Feedback, for any purpose whatsoever, although we are not required to use any Feedback. Trademarks, service marks, trade dress, logos, names, and other symbols identifying MAS, MAS Services and the Application, and the goodwill relating thereto, are owned by MAS and its Licensors. You may not remove or alter any notice provided by MAS on or in connection with MAS Services or the Application.
Warranties.
THE APPLICATION AND MAS SERVICES ARE PROVIDED “AS IS” AND MAS SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. MAS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COVER, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. MAS MAKES NO WARRANTY OF ANY KIND REGARDING THIRD-PARTY PRODUCTS OR THAT THE APPLICATION, MAS SERVICES, OR ANY USE THEREOF (INCLUDING ANY COMMERCIAL RELATIONSHIPS YOU DEVELOP OR FACILITATE THROUGH YOUR USE OF THE APPLICATION OR MAS SERVICES), WILL MEET YOUR OR ANY OTHER PERSON’S OR ENTITY’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OF YOUR OR ANY THIRD PARTY’S SOFTWARE, PRODUCT, COMPONENT, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. MAS DOES NOT AND CANNOT INDEPENDENTLY VERIFY OR REVIEW THE INFORMATION TRANSMITTED THROUGH THE APPLICATION FOR ACCURACY OR COMPLETENESS, NOR DOES MAS GUARANTEE OR WARRANTY ANY OTHER PARTY’S PERFORMANCE IN TRANSACTIONS FACILITATED THROUGH THE APPLICATION.
MAS DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION, MAS SERVICES, OR THE APPLICATION.
MAS DOES NOT WARRANT ANY THIRD-PARTY DEVICE, SMART DEVICE, SOFTWARE, SERVICE OR DATA THAT YOU MAY USE IN CONNECTION WITH THE APPLICATION OR MAS SERVICE, WHETHER OR NOT SUCH THIRD-PARTY ITEM IS DESCRIBED IN, OR AVAILABLE OR CAN BE CONNECTED TO THROUGH, ANY APPLICATION OR MAS SERVICE.
NO INFORMATION OR COMMUNICATIONS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH MAS, MAS SERVICES OR THE APPLICATION WILL CREATE ANY WARRANTY.
ANY PATIENT-FACING SCORES, INDICES, ENVIRONMENTAL NOTIFICATIONS, FORECASTS, EDUCATIONAL CONTENT, OR OTHER INFORMATION MADE AVAILABLE THROUGH THE APPLICATION ARE PROVIDED FOR GENERAL WELLNESS, EDUCATION, AND ENGAGEMENT ONLY AND ARE NOT INTENDED FOR DIAGNOSIS, TREATMENT, OR CLINICAL DECISION-MAKING. ANY PROVIDER-FACING SCORES, FLAGS, OR THRESHOLDS ARE PROVIDED SOLELY TO SUPPORT A PROVIDER'S INDEPENDENT CLINICAL JUDGMENT AND ARE ACCOMPANIED BY ACCESS TO THE UNDERLYING PATIENT-REPORTED INPUTS AND AN EXPLANATION OF THE SCORING CRITERIA.
MAS IS NOT A HEALTHCARE PROVIDER OR PRESCRIBER AND IS NOT MAKING ANY BILLING OR CODING RECOMMENDATIONS. ANY REFERENCES TO CODES OR BILLING PRACTICES ARE ILLUSTRATIVE, DO NOT REFLECT ALL PREREQUISITES OR PAYER POLICIES, AND MAY CHANGE WITHOUT NOTICE. MAS MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY OF ANY PARTICULAR PRODUCT, SERVICE, BILLING CODE, PAYMENT ARRANGEMENT, OR OUTCOME. COVERAGE, CODING, AND REIMBURSEMENT FOR ANY CLINICAL SERVICES THAT MAY USE DATA FROM THE APPLICATION OR MAS SERVICES ARE DETERMINED BY PAYERS AND PROVIDERS; MAS DOES NOT GUARANTEE COVERAGE, CLAIM ACCEPTANCE, PAYMENT, OR ANY PARTICULAR LEVEL OF REIMBURSEMENT. AT ANY TIME, ANY PARTICULAR CHANNEL PARTNER, PROVIDER, OR AUTHORIZED USER MAY BE ADDED TO OR DELETED FROM THE APPLICATION OR MAY LIMIT ANOTHER’S ACCESS TO ITS DATA, PRODUCTS, OR SERVICES, AND SUCH CHANGES MAY OCCUR WITHOUT PRIOR NOTICE TO SUBSCRIBER WITHOUT LIABILITY TO MAS.
MAS DOES NOT ASSUME ANY OBLIGATION TO, AND DOES NOT WARRANT THAT IT WILL, CREATE OR INCLUDE ADDITIONAL FEATURES OR FUNCTIONALITY FOR MAS SERVICES OR THE APPLICATION.
WITHOUT LIMITING YOUR RIGHTS UNDER APPLICABLE LAW, IF YOU ARE DISSATISFIED WITH ANY PORTION OF MAS SERVICES OR THE APPLICATION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THEIR USE.
Your Warranty. You represent and warrant that you and your Authorized Users (i) will comply with all Applicable Laws in connection with use of the Application and MAS Services; (ii) have obtained and will maintain all necessary rights, licenses, consents, and permits required to provide, upload, and transmit Subscriber Data to the Application; (iii) your use of the Application and provision of Subscriber Data will not violate any agreement or other obligation to which you are a party or by which you are bound or infringe, misappropriate, or otherwise violate any intellectual property rights, privacy rights, or other proprietary rights of any third party; and (iv) will not introduce into the Application any software, virus, worm, Trojan horse, or other harmful code that could disrupt, disable, harm, or otherwise impede the operation of the Application or any associated software, hardware, or network.
Indemnification. You, on behalf of yourself and each Authorized User accessing the Application through you, shall indemnify, hold harmless, and, at MAS's option, defend MAS and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees ("Losses") arising from or relating to any claim, suit, action, judgment, audit, or proceeding ("Claim") in connection with (i) the Subscriber Data or any use of the Subscriber Data infringing or misappropriating any third party's Intellectual Property rights; (ii) your or any of your Authorized Users’ use of the Application or MAS Services in a professional or clinical setting, including any Provider’s failure to verify results in its professional judgment; (iii) your or any of your Authorized Users’ failure to comply with any Applicable Laws (including without limitation any fraud, waste, abuse, reimbursement, billing, data privacy, or other similar laws and regulations); (iv) your and any other Provider’s billing, reimbursement, claims, or other payment activities associated with its use of the Application or MAS Services, including any CPT, HCPCS, RTM, or other billing designations or codes utilized in reliance on information provided by MAS, the Application, or the MAS Services; and (v) your or any of your Authorized Users' use of the Application or MAS Services in a manner not compliant with these Terms, the Subscription Agreement, or Applicable Law; provided that you may not settle any Claim against MAS unless MAS consents to such settlement, and provided further that MAS will have the right, at its option, to defend itself against any such Claim or to participate in the defense thereof by counsel of its own choice at your cost.
Limitations of Liability.
SUBJECT TO SECTION 9(g), IN NO EVENT WILL MAS’S AFFILIATES, LICENSORS, SUPPLIERS AND OTHER THIRD PARTIES WITH WHICH MAS HAS A CONTRACTUAL RELATIONSHIP (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AND AGENTS) HAVE ANY LIABILITY WHATSOEVER ARISING FROM OR RELATING TO MAS SERVICES, THE APPLICATION, OR THESE TERMS, WHETHER FOR DIRECT OR ANY OTHER TYPE OF DAMAGES WHATSOEVER.
SUBJECT TO SECTION 9(g), NEITHER MAS, ITS AFFILIATES, NOR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS (COLLECTIVELY, “MAS PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE MAS SERVICES OR THE APPLICATION.
SUBJECT TO SECTION 9(g), NONE OF THE MAS PARTIES SHALL BE LIABLE FOR ANY CONSEQUENTIAL, UNFORESEEABLE, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR DAMAGES RESULTING FROM LOSS OF DATA OR BUSINESS INTERRUPTION WHETHER THE CLAIM OR DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), EXTRA-CONTRACTUAL LIABILITY, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF MAS, ITS AFFILIATES, OR A PERSON AFFILIATED WITH EITHER OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES EXCLUDED IN THIS SECTION 9, AND EVEN IF SUCH EXCLUSIONS CAUSE THESE TERMS OR ANY REMEDY TO FAIL OF ITS ESSENTIAL PURPOSE.
SUBJECT TO SECTION 9(g), NONE OF THE MAS PARTIES SHALL BE LIABLE FOR TOTAL DAMAGES FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS, MAS SERVICES, AND/OR THE APPLICATION IN AN AGGREGATE AMOUNT GREATER THAN $5,000.
SUBJECT TO SECTION 9(g), NONE OF THE MAS PARTIES SHALL BE LIABLE FOR THE ACTIONS OR OMISSIONS OF AN AUTHORIZED USER OR ANY THIRD PARTY.
SUBSCRIBER ACKNOWLEDGES AND AGREES THAT THE APPLICATION AND MAS SERVICES ARE FURNISHED BY MAS AS A MEANS OF MANAGING DATA AND INFORMATION ONLY AND THAT MAS HAS NOT REPRESENTED THE APPLICATION OR MAS SERVICES AS HAVING THE ABILITY TO DIAGNOSE DISEASE, PRESCRIBE TREATMENT, OR PERFORM ANY OTHER TASKS THAT CONSTITUTE THE PRACTICE OF MEDICINE OR OTHER PROFESSIONAL OR ACADEMIC DISCIPLINES. ACCORDINGLY, ALL SUBSCRIBER DATA THAT IS RECEIVED, REVIEWED, GENERATED, OR MODIFIED BY THE APPLICATION IS SUBSCRIBER’S SOLE RESPONSIBILITY TO VALIDATE AGAINST ITS CLINICAL JUDGMENT AND PROCEDURES AND ALL FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS. EACH PROVIDER ACKNOWLEDGES AND AGREES THAT MAS IS NOT ESTABLISHING ANY FORM OF RELATIONSHIP WITH SUCH PROVIDER’S PATIENTS, CONTRACTORS, MEDICAL PROVIDERS, OR OTHER SERVICE BENEFICIARIES OF SUCH PROVIDER. THE ULTIMATE RESPONSIBILITY FOR THE USE AND APPLICATION OF THE APPLICATION AND MAS SERVICES DATA GENERATED THEREFROM REMAINS SOLELY WITH SUBSCRIBER AND SUBSCRIBER SHALL HAVE THE SOLE RESPONSIBILITY FOR RENDERING ANY DIAGNOSIS, TREATMENT, AND PATIENT CARE IN ANY WAY CONNECTED THERETO. ACCORDINGLY, SUBSCRIBER RELEASES AND AGREES TO INDEMNIFY, DEFEND, AND HOLD MAS HARMLESS FROM, AND MAS EXPRESSLY DISCLAIMS, ALL LIABILITY FOR ANY LOSSES THAT ARE INCURRED AS A CONSEQUENCE, DIRECTLY OR INDIRECTLY, FROM SUBSCRIBER’S OR ANY OTHER PROVIDER’S USE OR NONUSE OF THE APPLICATION, MAS SERVICES, OR DATA GENERATED THEREFROM, INCLUDING WITHOUT LIMITATION ANY LIABILITY TO SUBSCRIBER, ITS CONTRACTORS, PROVIDERS, OR PATIENTS, OR TO ANY THIRD PARTY, FOR THE INACCURACY, ERROR, OMISSION, DELAY IN RECEIVING INFORMATION, OR FOR ANY PERSON’S SUBSEQUENT USE OR FAILURE TO USE ANY INFORMATION SUPPLIED TO SUBSCRIBER BY MAS OR GENERATED, RECEIVED, OR MODIFIED BY THE APPLICATION OR MAS SERVICES. IN THE EVENT THAT A NURSE, PHYSICIAN, OR OTHER MEDICAL SERVICES PROVIDER IS ENGAGED OR CONTRACTED BY SUBSCRIBER IN CONNECTION WITH THESE TERMS TO FACILITATE THE USE OF THE APPLICATION OR MAS SERVICES OR DATA GENERATED THEREFROM, SUCH INDIVIDUAL SHALL BE UNDER THE EXCLUSIVE CONTROL, SUPERVISION, AND DIRECTION OF SUBSCRIBER (NOT MAS) AND SUBSCRIBER RELEASES AND AGREES TO INDEMNIFY, DEFEND, AND HOLD MAS HARMLESS FROM THE ACTIONS, ACTIVITIES, AND OMISSIONS OF SUCH NURSE, PHYSICIAN, OR OTHER MEDICAL SERVICES PROVIDER IN CONNECTION WITH THEIR PARTICIPATION, INVOLVEMENT, ACTIONS, OR OMISSIONS WITH THE APPLICATION, MAS SERVICES, OR DATA GENERATED THEREFROM, IN ANY WAY, AND ANY LOSSES ARISING THEREFROM.
Nothing in this Section 9 is intended to limit or exclude liability to the extent that such liability is mandatory under Applicable Law and arises from the following: (a) death or personal injury resulting directly from willful or reckless act(s) or omission by MAS; or (b) any fraudulent misrepresentation on the part of MAS.
Termination and Suspension.
Termination. Except as expressly set forth in Section 10(c) below, your rights under these Terms will terminate upon the expiration or termination of the Subscription Agreement. In addition to any other express termination right set forth in these Terms or the Subscription Agreement, (i) we may terminate the Subscription Agreement and these Terms as they apply to you on written notice to you if you or any of its Authorized Users breach these Terms or the Subscription Agreement, and such breach: (A) is incapable of cure; or (B) being capable of cure, remains uncured more than thirty (30) days after we provide written notice of such breach (other than a breach for nonpayment of amounts due under the Subscription Agreement, which must be cured within ten (10) days after we provide written notice of such breach); (ii) we may terminate the Subscription Agreement and these Terms as they apply to you effective immediately upon written notice to you, if you: (A) become insolvent or are generally unable to pay, or fail to pay, your debts as they become due; (B) file, or have filed against you, a petition for voluntary or involuntary bankruptcy or otherwise become subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law; (C) make or seek to make a general assignment for the benefit of your creditors; or (D) apply for or have appointed a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of your property or business; and (iii) we may terminate the Subscription Agreement and these Terms as they apply to you upon sixty (60) days written notice to you.
Effect of Termination. Upon termination of the Subscription Agreement or these Terms as they apply to you, you shall immediately discontinue use of the MAS IP, Application, and MAS Services. No expiration or termination will affect your obligation to pay all Fees due under the Subscription Agreement or entitle you to any refund.
Survival. All of our rights under these Terms and the Subscription Agreement, as well as this Section 10(c) and Sections 1, 2(c), 2(d), 2(f), 3, 4, 5, 6, 8, 9, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24 and any right, obligation, or required performance of the parties in these Terms which, by its express terms or nature and context is intended to survive termination or expiration, will survive any such termination or expiration of the Subscription Agreement.
Sunsetting. Without limiting the foregoing parts of this Section 10, we have no obligation to support or make available any version of the Application or any MAS Service once a new version of the Application or such MAS Service is released.
Modifications. You acknowledge and agree that we have the right, in our sole discretion, to modify these Terms from time to time, and that modified terms become effective on posting. You will be deemed to have been notified of modifications to these Terms upon posting of modified Terms at https://myallergyscore.com/terms-of-service/. You are responsible for reviewing and becoming familiar with any such modifications. Your continued use of the Application after the effective date of the modifications will be deemed acceptance of the modified terms.
No Inducement. Nothing contained in these Terms will require any Party or any physician associated with any Party to admit or refer any patients to the other Party or induce the referral or procurement of services from any medical provider. The Parties enter into these Terms with the intent of conducting their relationship in full compliance with the federal Beneficiary Inducement Statute (42 U.S.C. § 1320a-7a(a)(5)) (“BIS”) and similar medical inducement laws, as applicable (the “Inducement Laws”). In no event will MAS be required to make referrals, promote, or advertise products, or make any recommendation with respect to any item or service that is not provided by MAS or any physician owner of MAS in the course of its or their practice. In the event that MAS determines, based on the recommendation of legal counsel, that these Terms violate any Inducement Laws, (a) the Parties shall negotiate in good faith to amend the portions of these Terms in violation so as to bring these Terms in compliance with such Referral Laws; or (b) MAS may immediately terminate these Terms.
Stark and Anti-Kickback Compliance. Each Party shall comply with applicable federal, state, and local healthcare referral and payment laws, including without limitation the federal anti-kickback statute (42 U.S.C. § 1320a-7b), the Limitation on Certain Physician Referrals, also referred to as the “Stark Law” (42 U.S.C. § 1395nn), and the related safe harbor regulations thereunder in connection with their respective activities under these Terms (collectively, the “Referral Laws”). Accordingly, it is the intention of the Parties that all consideration payable hereunder be made in accordance with the Referral Laws and that none of the payments constitute an illegal referral of business. In the event that MAS determines, based on the recommendation of legal counsel, that these Terms violate any Referral Laws, (a) the Parties shall negotiate in good faith to amend the portions of these Terms in violation so as to bring these Terms in compliance with such Referral Laws; or (b) MAS may immediately terminate these Terms
Governing Law and Jurisdiction.
Resolution of Disputes. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND MAS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY (EACH, A “DISPUTE”), WILL BE RESOLVED EXCLUSIVELY IN THE FEDERAL COURTS OF THE UNITED STATES OR THE COURTS OF THE STATE OF ALABAMA, IN EACH CASE LOCATED IN THE CITY OF FLORENCE, ALABAMA, AND YOU WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION BY SUCH COURTS AND TO VENUE IN SUCH COURTS. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN AND TO THE FULL EXTENT PERMITTED BY LAW, YOU AGREE THAT MAS AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE INVOLVING A DISPUTE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH ACTION OR CLAIM IS PERMANENTLY BARRED.
Governing Law. Except to the extent prohibited by Applicable Law, the terms of this Agreement are governed by the laws of the State of Alabama, without regard to its principles of conflicts of law and regardless of your location.
Notice of Dispute. In the event of a dispute arising under or relating to this Agreement, the disputing party must provide the other party with written notice of the dispute, including the facts giving rise to the dispute and the relief sought by the disputing party. We will provide such notice by email to your email address. You will provide such notice to MAS by mail or overnight delivery at the following address: MY ALLERGY SCORE, LLC, 210 Seville Street, Florence, Alabama 35634, ATTN: Manager.
Equitable Relief. Any violation of MAS’s or its Licensors’ or suppliers’ Intellectual Property rights will cause such persons irreparable harm for which monetary damages are an inadequate remedy, and such persons are entitled to temporary, preliminary, and permanent injunctive relief and specific performance without the posting of bond or other security, or if required, the minimum bond or security required, and without being obligated to prove damages.
Security. You shall implement and maintain at all times a written information security program including appropriate policies, procedures, and risk assessments sufficient to ensure the confidentiality, integrity, and security of personally identifiable information, including protected health information (as defined under applicable data protection or privacy laws, and together with PHI, if applicable, “PII”), and of your systems used to process PII and Confidential Information, and to ensure compliance with applicable privacy and data security laws and industry-accepted information security practices. You shall review this written program and measures at least annually. Without limiting your obligations under this Section, you shall implement administrative, physical, and technical safeguards to protect PII and Confidential Information from unauthorized access, acquisition, or disclosure, destruction, alteration, accidental loss, misuse, or damage that are no less rigorous than accepted industry practices, and shall ensure that all such safeguards, including the manner in which PII and Confidential Information is collected, accessed, received, used, stored, processed, disposed of, and disclosed, comply with applicable data protection and privacy laws, as well as the terms and conditions of these Terms. You shall maintain a data breach plan in accordance with generally accepted industry standards and shall implement the procedures required under such data breach plan on the occurrence of (i) any event that compromises either the security, confidentiality, availability, or integrity of PII or the physical, technical, administrative, or organizational safeguards that relate to the protection of the security, confidentiality, availability, or integrity of PII, or (ii) receipt of a complaint in relation to your privacy and data security practices or a breach or alleged breach of these Terms relating to such privacy and data security practices. You shall be solely responsible for the information technology infrastructure, including all computers, software, databases, electronic systems (including database management systems), and networks used by or for you to use or access the Application or otherwise in connection with the MAS Services ("Your Systems") and shall prevent unauthorized access to the Application or MAS Services through Your Systems. Any failure to meet the requirements of these Terms with respect to the security of any Confidential Information of MAS or PII, including any related backup, disaster recovery, or other policies, practices, or procedures, is a material breach of these Terms for which MAS, at its option, may terminate these Terms immediately on written notice to you without any notice or cure period. Where you become aware of any actual or suspected event that compromises either the security, confidentiality, availability, or integrity of PII or Confidential Information, you will notify MAS immediately, and in any case within forty-eight (48) hours, by e-mailing caleb@myallergyscore.com. Such notification shall provide MAS with any facts known, supplemented as additional facts become known. You shall fully cooperate with MAS with respect to MAS’s reasonable requests regarding your investigation, mitigation, and remediation activities related to any incident.
Publicity; Use of Marks. You agree that you shall not use MAS’s name, logo, trademarks, or any other proprietary designations (collectively, “MAS Marks”) in any manner without the prior written consent of MAS. Such consent may be granted or withheld at the sole discretion of MAS. Furthermore, you shall not issue any press releases, advertisements, or any other public announcements regarding its relationship with MAS without obtaining the prior written consent of MAS. Any permitted use of the MAS Marks shall be in accordance with MAS’s guidelines and directions as provided from time to time. You acknowledge that any unauthorized use of the MAS Marks or publicity may cause irreparable harm to MAS, and MAS shall be entitled to seek injunctive relief in addition to any other remedies available at law or in equity in the event of such unauthorized use. You hereby grant to MAS a perpetual, nonexclusive, and irrevocable license to use your name and logo in MAS’s marketing collateral, including to (a) denote the relationship between MAS and you on MAS’s website and social media accounts and in email and other marketing materials, and (b) facilitate the functionality of the Application.
Apple-Specific Terms. In addition to the foregoing, and notwithstanding anything to the contrary herein, the following provisions in this Section 17 apply with respect to your use of any version of the Application compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to these Terms and does not own and is not responsible for the Application. Apple is not providing any warranty for the Application except, if applicable, to refund the purchase price for it (if any). Apple is not responsible for maintenance or other support services for the Application and will not be responsible for any other claims, losses, liabilities, damages, costs, or expenses with respect to the Application, including any third-party product liability claims, claims that the Application fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the Application, including those pertaining to intellectual property rights, must be directed to us in accordance with the notice provisions set forth in Section 19 below. The license you have been granted herein is limited to a non-transferable license to use the Application on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Use. In addition, you must comply with the terms of any third-party agreement applicable to you when using the Application, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Section 17 and, upon your acceptance of the terms and conditions of these Terms, will have the right (and will be deemed to have accepted the right) to enforce this Section 17 against you as a third-party beneficiary thereof; notwithstanding the foregoing, our right to enter into, rescind, or terminate any variation, waiver, or settlement under these Terms is not subject to the consent of any third party.
Compliance Terms. Unless MAS and the Provider have executed a separate written business associate agreement (which shall control over and supersede this Section 18), the following terms shall apply between MAS and each Provider: if PHI is made available to MAS and MAS is deemed a business associate under 45 C.F.R. 160.103, the terms and conditions of this Section 18 shall apply:
Definitions. “Privacy Regulations” means privacy regulations that have been promulgated under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the Health Information Technology for Economic and Clinical Health Act of 2009 (“HITECH”) and published in the Code of Federal Regulations (“C.F.R.”) at Title 45, Sections 160 and 164. “Security Regulations” means security regulations that have been promulgated under HIPAA and HITECH and published in the C.F.R. at Title 45, Sections 160, 162, and 164
Permitted Use and Disclosure of PHI. MAS is permitted to use or disclose PHI provided or made available from Provider relating to and as necessary to maintain and support Provider’s health information systems, to aggregate data, and to provide other services on behalf of the Provider as may be entered into under contract, as set forth below, and for any other purpose authorized by these Terms. MAS may: (a) consistent with 45 C.F.R. 164.504(e)(4)(i)(A)-(B), use the PHI as necessary for the proper management and administration of MAS or to carry out MAS’s legal responsibilities; (b) consistent with 45 C.F.R. 164.504(e)(2)(i)(B), use or disclose the PHI to provide data aggregation services, as that term is defined by 45 C.F.R. 164.501, including use for statistical compilations, reports, research, and all other purposes allowed under Applicable Law; (c) consistent with 45 C.F.R. 164.504(e)(4)(ii), disclose PHI received from Provider for the proper management and administration of MAS or to carry out legal responsibilities of MAS, provided: (i) the disclosure is required by law; or (ii) MAS obtains reasonable assurances from the person to whom the PHI is disclosed that it will remain confidential and used or further disclosed only as required by law or for the purposes for which it was disclosed to the person and that the person will notify MAS of any instance of which it is aware in which the confidentiality of the PHI has been breached; and (d) consistent with 45 C.F.R. 164.502(e)(1)(ii), 164.504(e)(2)(ii)(D), 164.314(a)(2)(i)(B), and 164.308(b)(2), provide PHI to any subcontractors or agents, provided that MAS will ensure that such agent or subcontractor agrees to the same restrictions on the use and disclosure of such PHI that apply to MAS.
Obligations. Consistent with 45 C.F.R. 164.504(e)(2)(ii)(H), to the extent MAS is required, in connection with the Application and MAS Services provided under these Terms, to carry out one or more of Provider’s obligations under the Privacy Rule, MAS shall comply with the requirements of the Privacy Rule that apply to Provider solely with respect to MAS’s performance of such obligations.
Appropriate Safeguards. MAS will, consistent with 45 C.F.R. 164.504(e)(2)(ii)(B), establish and maintain appropriate safeguards to prevent any use or disclosure of the PHI other than as provided for by this Section 18. MAS will, consistent with 45 C.F.R. 164.314(a)(2)(i)(A), implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the electronic PHI that it creates, receives, maintains, or transmits on behalf of Provider.
Security Regulations. Consistent with 45 C.F.R. 164.504(e)(2)(ii)(B), MAS shall comply, where applicable to business associates, with the Security Regulations with respect to electronic PHI that MAS creates, receives, maintains, or transmits in connection with providing the Application and MAS Services, to prevent use and disclosure of the PHI other than as provided by this Section 18.
Minimum Necessary. MAS will, when using or disclosing PHI in accordance with 45 C.F.R. 164.502(b)(1), make reasonable efforts to use or disclose the minimum amount of PHI necessary to accomplish the intended purpose of the use, disclosure, or request, taking into account the limited scope of the Application and MAS Services described in these Terms.
Improper Use. MAS will, consistent with 45 C.F.R. 164.504(e)(2)(ii)(C) and 164.314(a)(2)(i)(C), report to Provider any use or disclosure of PHI not provided for or allowed by this Section 18 and any Security Incident (as defined by 45 C.F.R. 164.304) of which MAS becomes aware.
Breach of Unsecured PHI. MAS shall, consistent with 45 C.F.R. 164.410 and following the discovery of a “Breach” of “Unsecured Protected Health Information,” as those terms are defined in 45 C.F.R. 164.402, involving PHI that MAS creates, receives, maintains, or transmits on behalf of Provider in connection with the Application or MAS Services, notify Provider of such Breach. Except as provided in 45 C.F.R. 164.412, MAS shall provide the notification without unreasonable delay and in no case later than sixty (60) calendar days after discovery of a Breach. MAS shall provide Provider with any other available information that Provider is required to include in its notification to the individual under 45 C.F.R. 164.404(c) at the time of notification or promptly thereafter as information becomes available.
Designated Record Set. To the extent MAS maintains PHI in a Designated record set (as defined by 45 C.F.R. 164.501) on behalf of Provider in connection with the Application or MAS Services, MAS will: (a) to the extent applicable and consistent with 45 C.F.R. 164.504(e)(2)(ii)(E), make available PHI in accordance with 45 C.F.R. 164.524; and (b) to the extent applicable and consistent with 45 C.F.R. 164.504(e)(2)(ii)(F), make available PHI for amendment and incorporate any amendments to PHI in accordance with 45 C.F.R. 164.526.
Accounting. MAS agrees, consistent with 45 C.F.R. 164.504(e)(2)(ii)(G), to make information available to provide an accounting of disclosures of PHI received from, or created or received by, MAS on behalf of Provider in connection with the Application or MAS Services, in accordance with 45 C.F.R. 164.528.
Access. Consistent with 45 C.F.R. 164.504(e)(2)(ii)(I), MAS will make its internal practices, books, and records relating to the use or disclosure of PHI received from, or created or received by MAS on behalf of Provider in connection with the Application or MAS Services, available to the Secretary of the Department of Health and Human Services or the Secretary’s designee for purposes of determining compliance with the Privacy Regulations.
Termination. In addition to other termination rights under these Terms, if MAS materially breaches this Section 18 then, consistent with 45 C.F.R. 164.504(e)(2)(iii), Provider may terminate these Terms after sending written notice to MAS describing MAS’s failure in detail and affording MAS a sixty (60) day period in which to cure such failure. MAS’s obligations under this Section 18 shall expire when all of the PHI provided by Provider to MAS is destroyed or returned to Provider in accordance with this section. Following termination of these Terms and consistent with 45 C.F.R. 164.504(e)(2)(ii)(J), MAS will return or destroy all PHI received from or created or received by MAS on behalf of MAS that is not necessary for MAS to continue its proper management and administration or to carry out its legal responsibilities under this Section 18. If return or destruction of the PHI is not feasible, the parties will extend the protections of this Section 18 for as long as necessary to protect the PHI and to limit any further use or disclosure.
De-Identified PHI. Consistent with 45 C.F.R. 164.514(a)-(b), MAS may use PHI to create de-identified PHI and any PHI provided to MAS which is later de-identified and therefore no longer individually identifies a patient (and is no longer “protected health information” under 45 C.F.R. 160.103) (i) is not subject to the restrictions on use set forth in this Section 18, and (ii) may be freely adapted, transferred, sold, distributed, or used for any purpose permitted by Applicable Law.
Changes to Law. Any citation to a regulation or statute within this Section 18 that, due to a subsequently promulgated regulation or enacted statute issued after the Effective Date, is altered or rendered inaccurate shall be construed so as to comply with its corresponding part, if any, within the subsequently promulgated regulation or enacted law, and Provider agrees to any amendments made to this Section to comply with Applicable Law upon MAS providing thirty (30) days written notice of the same.
Notices; Questions or Complaints. Except as expressly provided elsewhere in these Terms, we will provide any notice under these Terms to the email or physical address set forth for you in the application Subscription Agreement, or any other address that we maintain on file for you. You will provide any notice under these Terms to MAS (or contact us regarding any question or complaint) by mail or overnight delivery at the following address: My Allergy Score, LLC, 210 Seville Street, Florence, Alabama 35634. If you are located in the United States, send an e-mail to contact@entcenteralabama.com. Please note that e-mail communications will not necessarily be secure. Accordingly, you should not include any sensitive information in your e-mail correspondence with us.
Severability. In the event that any court holds any provision of these Terms to be void, invalid or unenforceable, such provision will be modified to the minimum extent necessary to be effective, valid and enforceable while preserving the original intentions of the parties to the greatest extent possible, and the other provisions of these Terms will remain in full force and effect and enforceable according to their terms.
Assignment. We may assign these Terms in whole or in part at any time without notice (except to the extent such notice is mandatory under Applicable Law, in which case such notice may be made via a posting to our Website). You may not assign these Terms or transfer any rights to use MAS Services or the Application.
Relationship; No Third-Party Beneficiaries. Our relationship with you is as an independent contractor, and nothing in these Terms creates an agency or partnership. Except for MAS’s licensors (and to the extent provided by Section 17, Apple, and Apple’s subsidiaries), there are no third-party beneficiaries to these Terms.
Complete Agreement. These Terms, together with the Subscription Agreement, are the complete and final agreement between you and us relating to MAS Services and the Application; supersede any prior agreements or communications between you and us; and may only be modified as described in these Terms (see Section 11). Failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect.
Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Application infringe your copyright, you (or your agent) may send to MAS a written notice by mail or by e-mail requesting that MAS remove such material or block access to it. If you believe in good faith that someone has wrongly submitted to us a notice of copyright infringement involving content that you made available through any MAS Service, the DMCA permits you to send to MAS a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See www.copyright.gov for details. Notices and counter-notices must be sent in writing to MAS’s DMCA agent as follows: By mail to Conroy Baran, LLC, 1316 Saint Louis Avenue, 2nd Floor, Kansas City, Missouri 64101 or by e-mail to dmca@conroybaran.com. You can also reach MAS's DMCA agent at the following phone number: (816) 388-9686.
We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice. You may have equivalent rights under other Applicable Laws. Please be aware that if you knowingly materially misrepresent that material or activity on the MAS Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.