This End User License Agreement (“Agreement”) sets forth the terms and conditions governing the use of any Note-e-fied Incorporated mobile application downloaded or otherwise acquired by you (the “App”) that is designed to operate on any device you own or control which runs Android or iOS mobile operating system (“Device”).
By using this App, you agree to be bound by the terms and conditions of this Agreement.
You acknowledge that this Agreement is entered into by and between you and the Note-e-fied Incorporated affiliate identified in the App as licensor of the App, and not with any third party Device platform or associated service provider or telecommunications carrier or the third party from whom you are downloading this App or any of their affiliates (each, a “Service Provider”, collectively, “Service Providers”). You also acknowledge that Service Providers have no obligation hereunder to furnish any maintenance and support services with respect to the App. If documentation is provided with the App, you may copy and use the documentation for your internal, reference purposes.
Your use of the App is subject to the Note-e-fied Incorporated User Agreement including the Note-e-fied Incorporated Applications Terms and and the Note-e-fied Incorporated Privacy Policy. References therein to Note-e-fied Incorporated websites, to „the Site‟ or the “Service” will be deemed to include any Note-e-fied Incorporated content or services which are included in or accessible from the App.
You must also comply with the usage rules established by any Service Providers that apply to your Device ("Usage Rules"). Such Usage Rules are incorporated herein by reference. It is your responsibility to determine what Usage Rules apply to your use of the App, as they may be applicable to you depending on (i) your Device, (ii) the method by which you downloaded or otherwise acquired the App, and (iii) the third party from whom you downloaded or otherwise acquired the App. Any third party Device platform or the third party from whom you are downloading this App may make it a condition of their agreements with you, that the App made available through such distribution service, be downloaded, installed and used only on certain proprietary handheld software platforms operating on a Device.
If you do not wish to accept this Agreement, do not use the App.
Note-e-fied Incorporated reserves the right to update, revise, supplement and otherwise modify this Agreement from time to time. Any such changes to this Agreement will be effective immediately for new users and thirty (30) days after notification (including by posting a notice on the applicable Note-e-fied Incorporated website) for current users. Registered users are encouraged to review this Agreement periodically for changes. If you do not wish to accept any change, please uninstall and discontinue using the App. Your continued use of the App following the thirty (30) day notice period constitutes your acceptance of those changes.
The information that the App collects may not be stored locally on your Device and may be transmitted to our servers in the United States (“U.S.”), and/or other countries where Note-e-fied Incorporated, its affiliates or any of their service providers operate. The transmission of information over wireless and wired networks is not inherently secure. Note-e-fied Incorporated uses many tools to help protect your personal information against unauthorized access and disclosure. However, we do not guarantee that your personal information or private communications will always remain private when using the App.
It is also recommended for you not to install the app on jailbroken or rooted gadgets to avoid data breaches.
As part of the installation process of the App, you may be changing your mobile device settings. By installing the App, you agree you have approved such changes. Such changes may include, without limitation, the following:
Allowing updates from the App once a new task is assigned and showing notifications from the App.
Allowing the App to access to location-based information.
You can access and change user settings for the App or delete your search history from the options/settings menu on your Device. Uninstallation methods vary depending on your Device. To uninstall the App, you may use the standard uninstall procedures offered by your device's operating system.
Note-e-fied Incorporated grants to you a non-transferable, non-exclusive and revocable license to install one copy of the App on your Device and use the App according to the terms and conditions set forth in this Agreement. The App is licensed, not sold, to you. Except as expressly granted by this Agreement or otherwise by Note-e-fied Incorporated or its licensors in writing, you acquire no right, title or license in the App or any data, software, content, application or materials accessed from or incorporated in the App. This Agreement does not give you any rights to any updates or upgrades to the App or to any maintenance releases, patches, fixes, extensions or enhancements (collectively, “Updates”) to the App developed by Note-e-fied Incorporated or its suppliers or licensors at any time in the future. Except as required under applicable law, this license does not entitle you to receive any maintenance or support services with respect to the App. Note-e-fied Incorporated may provide Updates and/or support. If provided by Note-e-fied Incorporated, Updates may be delivered automatically or you may be notified when a new Update is ready to be installed, or we make such Updates available for download. You authorize Note-e-fied Incorporated to deliver automatically any Update if we believe it is necessary to provide for the continued functionality of the App or for any reasonable business purpose. Your use of the Updates will be governed by this Agreement unless you are asked to agree to new or additional terms at the time of download or installation. You also agree that you may have to enter into a renewed version of this Agreement if you want to download, install or use a new or modified version of the App.
You agree to the following license restrictions: (a) to use the App solely for your individual agency account use; (b) to not install or use a copy of the App on a device that you do not own or control; (c) to not duplicate, copy or distribute the App, except as necessary to use it on your Device; (d) to not license, sell, rent, lease, lend, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the App or make the App available to any third party; (e) to not use the App for any fraudulent, unlawful or illegal activity or in any way that could harm the App or impair anyone else‟s use of it or a wireless network or to try to gain unauthorized access to any service, data, account or network by any means; (f) to not modify, translate, or create derivative works based on the App or disassemble, decompile or reverse engineer any part of the App, except and only to the extent that applicable law expressly permits, despite this limitation; (g) to not work around any technical limitations in the App; and (h) to preserve all copyright and other proprietary rights notices on the App and all copies thereof.
The license is effective for an indefinite period of time, until Note-e-fied Incorporated terminates it, or until you provide notice to Note-e-fied Incorporated of your decision to terminate it. Your rights under this license will terminate automatically without notice to you if you fail to comply with any of the provisions of this Agreement. Note-e-fied Incorporated reserves the right to suspend, discontinue, enhance, update or otherwise modify the App, or its availability to you, at any time without notice. Upon termination of the license to the App, you will cease all use of the App.
The App is provided subject to the „Disclaimer of Warranties and Liability‟ section of the Note-e-fied Incorporated Website Terms and Conditions. Service Providers have no warranty obligation hereunder and give no guarantees with respect to the App or in relation to the sale, distribution or use thereof. Any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to Note-e-fied Incorporated‟s warranty will be Note-e-fied Incorporated‟s sole responsibility. To the extent permitted by applicable law, Service Providers exclude any implied warranties or conditions, including, without limitation, any implied warranties or conditions of quality, performance, results, durability, title, merchantability, fitness for a particular purpose and non-infringement arising by statute or otherwise in law or from a course of dealing or usage of trade arising out of or related to this Agreement or arising out of or related to any associated programs, processes, products or services or their performance or their failure to perform. Service Providers shall not be responsible for any breach of this Agreement.
You acknowledge that Note-e-fied Incorporated, not any Service Provider, is responsible for addressing any claim you or any third party may have 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.
You acknowledge that, in the event of any third party claim that the App or your possession and/or use of the App infringes that third party‟s intellectual property rights, Note-e-fied Incorporated, not any Service Provider, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You acknowledge and agree that Service Providers are third party beneficiaries of these terms and upon your acceptance of the terms of this Agreement, Service Providers will have the right (and are deemed to have accepted the right) to enforce these terms against you as a third party beneficiary thereof.
The Note-e-fied Incorporated company that licenses the App, not any Service Provider, is responsible for addressing any questions, comments or claims relating to the App and/or your use of the App. See below the Note-e-fied Incorporated companies and addresses to which you can direct your questions:
Note-e-fied Incorporated 3452 E Foothill Blvd, Suite #1160, Pasadena, CA 91107 (telephone number + 626 548 2201)
This Agreement is governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or Range shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the city of Pasadena and the county of Los Angeles. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Authentication is the process of verifying the identity of a user, process, or device. This mobile app was configured to require passwords, personal identification numbers (PINs), or passcodes to gain access to it. This app requires the creation of a user credentials from the main agency database before it can be used. The password, PIN, or passcode field is masked to prevent people from seeing it.
Encryption protects health information stored on and sent by mobile devices. Mobile devices can have built-in encryption capabilities. This mobile app uses a 128 bit encryption on its internal data and uses SSL token when sending\receiving data to\from the server.
Remote wiping enables users to erase data on a mobile device remotely. If this feature is enabled, users can permanently delete data stored on a lost or stolen mobile device. This feature is mobile device-dependent.
Remote disabling enables users to lock or completely erase data stored on a mobile device if it is lost or stolen. If the mobile device is recovered, the owner can unlock it. This feature is mobile device-dependent.
File sharing is software or a system that allows Internet users to connect to each other and trade files. File sharing can also enable unauthorized users to access the gadget without the owner's knowledge. By disabling or not using file sharing applications, users reduce a known risk to data on the mobile device.
A personal firewall on a mobile device can protect against unauthorized connections. Firewalls intercept incoming and outgoing connection attempts and block or permit them based on a set of rules. This feature may be available at the behest of the user or owner of the gadget.
Security software can be installed to protect against malicious applications, viruses, spyware, and malware-based attacks. This feature may be available at the behest of the user or owner of the gadget.
When you regularly update your security software, you have the latest tools to prevent unauthorized access to health information on or through your mobile device.
A mobile app is a software program that performs one or more specific functions. Before gadget owners or users download and install an app on the mobile device, verify that the app will perform only functions that are approved. Use known websites or other trusted sources that is known to give reputable reviews applications. This is at the behest of the user or owner of the gadget.
The benefits of mobile devices - portability, small size, and convenience - are also their challenges for protecting and securing health information. Mobile devices are easily lost or stolen. There is also a risk of unauthorized use and disclosure of patient health information. You can limit an unauthorized users‟ access, tampering or theft of your mobile device when you physically secure the device.
Public Wi-Fi networks can be an easy way for unauthorized users to intercept information. Users can protect and secure health information by not sending or receiving it when connected to a public Wi-Fi network, unless the use of secure encrypted connections is in place. Currently, the mobile app has a reachability feature to monitor the network state of a device wherein the device owner or use would be informed where she is connected, reminding him or her to log-in to a secure network.
When users employ software tools that thoroughly delete (or wipe) data stored on a mobile device before discarding or reusing the device, the user can protect and secure health information from unauthorized access. HHS OCR has issued guidance that discusses the proper steps to take to remove health information and other sensitive data stored on the mobile device before one will dispose or reuse the device. Please note that all data that are being used inside the app are automatically delete once it is no longer needed.