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Last updated: March 27th, 2022

Clinic Workforce Terms of Use

Please read carefully prior to signing up for and using our services (“Service” or “Services”). These terms of use (the “Terms”) govern your use of our Services. If you do not agree to abide by these Terms, you may not enter, access, or otherwise use our Services. You accept these Terms by creating an endo.digital Account, through your use of the Services, or by continuing to use the Services after being notified of a change to these Terms. These Terms are legally binding.

  1. General. These Clinic Terms are a legal agreement between you, (“Clinic”, “you”, “your”) and DreaMed Diabetes Ltd. (“DreaMed”, “Company”, “us” or “we”) and govern your use of the Services which include functionality that allows physicians to manage their patients’ records and generate recommendations for determining the optimal treatment for maintaining a balanced glucose level (“Recommendations”), based on patient information maintained from diabetes management systems such as DreaMed endo.digital Uploader (“Uploader”). We are under no obligation to oversee, monitor or moderate the Service and we expressly exclude any liability by us for any loss or damage arising from the use of the Service or Recommendations by any user. You acknowledge and agree that your use of the Service is subject to these Terms which include endo.digital privacy policy incorporated herein by reference, provided on our website, and all applicable laws and regulations which govern the protection and use of Personal Health Information and Health Insurance Portability and Accountability Act of 1996 that provides data privacy and security provisions for safeguarding medical information. Our privacy policy sets out the terms under which we process personal data. By using the Service, you consent to such processing and you represent and warrant that all data provided by you is accurate. We reserve the right at any time to add to, change or delete from the Service any functionality as may exist from time to time. Please note that while you and your patients may view the Recommendations, DREAMED DOES NOT PROVIDE MEDICAL OR HEALTH CARE SERVICES OR ADVICE TO INDIVIDUALS.
  2. Users Eligibility.

    1. Access to the Services is restricted to those users that comply with the Terms and that are: (i) to the extent that the user is a health care provider and is authorized to view clinical data, the user is registered and in good standing with the national register of the applicable medical licensing board in the jurisdiction where such user is providing services, (ii) properly licensed and authorized to administer, prescribe or alter doses of insulin (iii) maintain professional indemnity insurance, with a reputable insurance company, for all activities in providing services to users/patients to a minimum amount of one million dollars ($1,000,000 USD) per event/claim, (iv) that indemnify and hold DreaMed harmless for any actions, claims or suits which arise from the use of the Services in any way or the user’s provision of services to patients. Such indemnity includes payment of all costs, fees, settlements and judgements.
    2. You may not set up a user profile on behalf of another individual. If any of the following circumstances occur, you shall not be eligible to be listed as a user or access the Services and are automatically disqualified from being so listed on the Services: (i) you cease practicing medicine, whether permanently or for a period of time; or (ii) you fail to properly use your log-in and/or password to the Services in accordance with these Terms; or (iii) patients, any regulatory body, professional regulator or licensing body contacts DreaMed with concerns about you and these are considered by Company (in its sole discretion) sufficiently significant to cease your access to the Services; or (iv) you breach local laws or professional rules, or have restrictions placed on your practice of medicine (if applicable), or are charged with or found guilty of any criminal offence (excluding motoring offences); or (v) you fail to adhere to DreaMed policies applicable to users as notified to you from time to time. You represent and warrant that you will meet the criteria above and you undertake to as soon as possible inform DreaMed if you cease or potentially ceases to meet such criteria at any time.
  3. Health Insurance Portability and Accountability Act. As a healthcare provider, you are subject to laws and regulations governing the use and disclosure of “individually identifiable health information” you create, receive, or disclose, including the Health Insurance Portability and Accountability Act of 1996, as amended from time to time, together with the associated regulations adopted (“HIPAA”). When we store, process or transmit individually identifiable health information on your behalf as a healthcare provider, we enter into an agreement with your clinic as a “Business Associate” (also defined by HIPAA). Under the terms of a Business Associate Agreement we are legally restricted in the way we use or disclose individually identifiable health information. We are also required to, among other things, apply reasonable and appropriate measures to safeguard the confidentiality, integrity, and availability of the individually identifiable health information we store and process on behalf of those providers. For these Terms, “healthcare provider” means any user who is a “health care provider” (as defined by HIPAA) or any user who is a member of that health care provider’s “workforce” (as also defined by HIPAA). We will comply with the Business Associate provisions of our agreement, and we will also comply with provisions of the HIPAA Security Rule that apply to us as Business Associates under HIPAA, the HITECH Act, and the privacy and security provisions of the HITECH Act that apply to business associates. In addition, you agree to comply with all aspects of HIPAA that apply to you. In this regard, you are solely responsible for obtaining all patient consents and authorizations necessary in connection with your use of the Service. You represent and warrant to us that you have and will retain records sufficient to demonstrate compliance with this patient consent requirement.
  4. Use of the Services.

    1. If you believe that another user in your clinic has violated our terms or infringed your rights, please contact us immediately by sending an email to support@dreamed.ai. Our response, if any, is at our absolute discretion. We do not give any warranty, undertaking, guarantee or promise that the Services, or any content on it, will always be available or be uninterrupted or will be available at any time. We may suspend, withdraw, discontinue or change all or any part of our Services without notice, including to allow for repairs, maintenance, updates or discontinuation of service. We will not be liable to you if for any reason the Services are unavailable at any time or for any period.
    2. You grant to us the permission to use your name in connection with communications with your patients, solely for the purpose of informing the patients of the option to use the Service or provide the patients with Recommendations. We will not use your name for marketing purposes.
    3. To the extent applicable, you are solely responsible for the accuracy and completeness of medical treatment provided by you, including such information recorded in your patient files and patient reviews, and will fully indemnify us regarding such. You are solely responsible for obtaining any and all patient consents and authorizations necessary in connection with your provision of medical care. You represent and warrant that you shall keep records of all such consents. You may not use the Service: (i) in any way that breaches any applicable local, national or international laws or regulations; (ii) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; (iii) to do anything which may impair or unreasonably overburden the Service. Further, you also agree not to access without authority, interfere with, damage or disrupt any part of the Service, any equipment or network on which the Service is stored, any software used in the provision of the Service, or any equipment or network or software owned or used by any third party in connection with the Service.
  5. WARRANTIES. DREAMED, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES AND THE RECOMMENDATIONS GENERATED BY IT. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. DREAMED DOESN’T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION, INCLUDING WITHOUT LIMITATION, THE RECOMMENDATIONS, AVAILABLE FROM THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR- FREE OR THAT CONTENT LOSS WILL NOT OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS. FINALLY, RECORDS SHARED OR STORED BY USING THE SERVICES ARE NOT DESIGNATED RECORD SETS AS DEFINED UNDER U.S. REGULATIONS. IF A HEALTHCARE PROVIDER DECIDES TO INCLUDE ANY DATA MADE AVAILABLE ON THE SERVICES, IT SHOULD ALSO STORE A COPY IN ITS OWN SYSTEM.
  6. Account and Password. You will keep confidential any identification code or password. You will not share log-in details or passwords and will keep the same safe and secure and will immediately inform us if a log-in or password to the Services is compromised. We have the right to suspend or disable any user identification code or password by giving you a written notice having immediate effect if we are required to do so under any applicable laws, or are ordered to do so by a court or regulatory body, or if we have reasonable grounds to believe that such access or use: (i) is a security risk to the Service; (ii) could adversely impact the Service; (iii) is in breach of these Terms. You acknowledge, consent and agree that DreaMed may access, preserve, and disclose your Users’ account information to: (i) comply with any legal process; (ii) enforce these Terms; (iii) respond to your requests for assistance; or (iv) protect the rights or property of DreaMed and its affiliates and other users of this Service.
  7. Intellectual Property Rights. All documentation, information and materials, website content, feedback or reports or other documents or materials which are created: (i) by or on behalf of DreaMed; or (ii) by any user and that use or refer to Company or Company’s materials, trademarks or copyrighted material (including any content on the Service that does so) (collectively the “Service Materials”), and all intellectual property rights relating to or covering such Service Materials, shall be the sole property of Company. All intellectual property rights in the Service Materials are the property of Company or their licensors. No part of the Service may be reproduced, stored in any medium, including, but not limited to, a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording or broadcasting), nor shown in public. You may not attempt to reverse engineer the Services, algorithm or any part thereof, create any derivative work or make any other adaptation, without our prior written consent. You must not modify the Service Materials in any way, and you may not use any illustrations, photographs, video or audio sequences, or any graphics forming part of the Service Materials separately from any accompanying text. Printing off or downloading any material from our Service is subject to ensuring that our copyright notices and trademarks appear as they do on all copies. Should you be found in breach of these Terms, your right to use the Service will cease immediately. All rights not expressly granted in these terms or any express written license, are reserved. Company trademarks, and logos which are displayed on the Service are the trademarks of Company.
  8. Limitation of Liability. NOTHING IN THESE TERMS EXCLUDES OR LIMITS DREAMED’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW. TO THE EXTENT PERMITTED BY LAW, OTHER THAN THE PROVISIONS SET OUT IN THESE TERMS, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS IN RELATION TO THE SERVICE OR ANY CONTENT ON IT AND THEIR USE, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO ANY USER FOR ANY LOSS (INCLUDING DIRECT, INDIRECT AND CONSEQUENTIAL) OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, SPECIAL OR PUNITIVE DAMAGES), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH: (I) USE OF, OR INABILITY TO USE, THE SERVICE; OR USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON THE SERVICE; (II) LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; (III) OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE. FURTHER, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A VIRUS, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT, OR ON ANY WEBSITE LINKED TO IT.
  9. Your Privacy. Your privacy is important to us. Please read endo.digital’s Privacy Policy (the “Privacy Policy”) describing the types of information we collect from you and your devices, and how we use such information. By using the Services or agreeing to these Terms, you consent to DreaMed’s processing of your information as described in the Privacy Policy.
  10. Termination; Survival. DreaMed may terminate your right to use the Service or prohibit you from using or accessing the Service or any portion, aspect or feature of the Service for any reason, or no reason, at any time in its sole discretion, with or without notice. Either party may terminate this agreement with immediate effect by giving written notice to the other party. Upon termination, you will immediately cease all use of endo.digital and we will not be obligated to provide you with any support or maintenance. Clauses which are intended to survive any such termination shall so survive including Limitation of Liability, Indemnity, Survival and Governing Law; Severance.
  11. Governing Law; Severance. These Terms shall be governed and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws, and whose courts shall have exclusive jurisdiction, subject to our right to bring proceedings against you for breach of these Terms in your country or state of residence or other relevant country where necessary or advisable for enforcement purposes. If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable and the validity and enforceability of the other provisions of these User Terms shall not be affected. Headings are for ease of reference only and have no effect on the contents in such clause.
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