Last Updated on 1/11/2019

Welcome, and thank you for your interest in Collaborate Health Cloud and in our website at collaborate247.com. These Terms of Use are a legally binding contract (Agreement) between you and Collaborate regarding your use of Collaborate’s services.

Please read the following terms carefully.

If you register for a free trial for our services, this agreement will also govern that free trial.

You indicate your acceptance of this agreement by clicking a check box or button when you download or install the Collaborate Health Cloud App, or when you agree to them using our website at www.collaborate247.com, and each time you access the Collaborate Health Cloud thereafter. If you do not accept these Terms of Use, you must not use the Collaborate Health Cloud or any of Collaborate services.

You must be at least [18] years old to use Collaborate services. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least [18] years old; (b) you have not previously been suspended or removed from the CHC; and (c) your registration and your use of the CHC is in compliance with any and all applicable laws and regulations.

By accepting this agreement, you agree to its terms. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use the Collaborate services.

Collaborate acknowledges the importance of protection of Personal Data and electronic services and takes all the necessary measures using modern and advanced technology in order to ensure maximum security. Details are outlined in the Personal Data Protection Policy agreement ("Privacy Policy"), which is an integral part of the Terms of Use.

Revisions to Terms of Use. We may revise these Terms of Use at any time by posting an updated version to this web page. You should visit this page periodically to review the most current Terms of Use because you are bound by them when you use the Collaborate Health Cloud as well as our website. Your continued use of the Collaborate Health Cloud after a change to these Terms of Use constitutes your binding acceptance of these Terms of Use.

The terms “post” and “posting” as used in these Terms of Use shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Collaborate websitervice.

Introduction

This website is owned by "Collaborate Healthcare Private Company”, a company duly registered in Greece as a Private Company (VAT number: EL801163488, G.E.MI number: 150551009000) and located at 40 Ilias st., 18122 Korydallos, Athens, hereinafter referred to as the "Company" or "Collaborate".

Definitions

Collaborate Services means the provided patient related management services to registered physicians under this Agreement.

Software or Application or Platform means the hosted and locally installed software solution called "Collaborate Health Cloud (CHC)" that is used by Collaborate to provide the Collaborate Services to Collaborate’s users.

Premium Service means the paid features and associated services of CHC that are provided to Physicians or Health Service Providers under a monthly Software-as-a-Service (SAAS) contract.

Physician or Health Service Provider or Client. A licensed medical professional or a medical entity that has entered into an agreement with the company under these terms, and has registered in CHC as a doctor (primary account holder) in order to use the company’s services for the management of its patients and its medical practice.

Patient: a person who is under a Physician's care and who has been registered in the Collaborate Health Cloud by that Physician.

Caregiver: a person, usually a family member or a paid helper, who systematically provides for the needs of a Physician’s Patient such as children, elderly people or people who are ill or cannot provide for their own needs, and who has been registered in the Collaborate Health Cloud by that Physician.

Family member: a Patient’s relative, spouse, or close friend who has been granted access to CHC by that Patient and at the direction of that Patient with the scope to be informed of that Patient’s health and or assist that Patient in the management of his/her health.

Collaborator: A professional health service provider or subject matter expert that has been granted access to Collaborate Health Cloud by a Physician in order to obtain or share information for purposes of treating a Patient.

User: a Physician that has been granted access to CHC under this agreement, or a Patient, or a Caregiver,or a Family Member or a Collaborator that has been granted access to CHC by a Physician, or a Patient’s qualified staff that uses CHC at the direction of the Physician, or Collaborate administrators.

Health-related information means all individually identifiable health information, including demographic information and information related to an individual’s physical or mental health, the provision of health care to the individual, or the individual’s payment for the provision of health care.

Patient-Collected Data: For the avoidance of doubt, Physicians, Caregivers, Patients, Collaborators and Collaborate shall have rights to use the Patient-Collected Data. As used herein, the “Patient-Collected Data” shall mean health-related information and/or individually identifiable health information and/or personal identifiable information (PII), as defined by the General Data Protection Regulation EU 679/2016, that is collected in connection with a Physician’s use of the Collaborate Health Cloud. In the event that a Patient requests its Patient-Collected Data from Collaborate whether during this Agreement or after the expiration or termination of this Agreement, Collaborate shall use its reasonable efforts to provide the Patient-Collected Data to a Patient.

Physician-Created Data. Further, nothing herein these Terms of Use shall prohibit Collaborate from using the aggregated, non-personally identifiable data created, compiled, analyzed or otherwise collected by a Physician in its use of the Collaborate Health Cloud. Additionally, Collaborate shall have the right to either provide or not provide the Physician Data to any third parties.

Service Access, Account Creation and Secure Credentials

You agree that if you create an account and use the CHC on behalf of a health service provider, you have the necessary legal authority and capacity to do so as an authorized agent of the health service provider. Such health service provider will be the primary account holder. You agree that you have the authority to bind the health service provider in legal agreements and contracts. Your agreement to these Terms of Use also binds such health service provider.

Due Authority. You represent and warrant to Collaborate on a continuing basis through the Contract Term of Your Agreement that: (i) You have the requisite corporate power and authority to execute and perform its obligations under Your Agreement; (ii) the person executing Your Agreement on your behalf has the authority to bind You and that such person’s execution of Your Agreement is not in violation of your bylaws, certificate of incorporation or other comparable document; (iii) the execution of Your Agreement does not constitute a material breach of any covenants or agreements by which You or any of your assets are bound; and (iv) neither You nor any of your personnel to your knowledge (A) has been convicted of any crime arising from claims or other transactions, financial relationships, or financial dealings in connection with health care, or (B) has been excluded from any state health care program.

Owner of Account and Health-Related Information. The primary account holder (i.e., physician or health service provider) holds the legal rights to the CHC account and the information posted to the CHC by your business entity.

Accurate Account Information. To access the CHC, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You represent and warrant that the information you provide to us is true, accurate, current and complete and that you will keep it accurate and up-to-date at all times.

Verification. You agree that we may take steps to verify your identity and credentials as a licensed health service provider at any time. You agree that we may use and disclose information, including “Confidential Information,” about you for such purposes, including making inquiry of third parties concerning your identity and professional and practice credentials. You authorize such third parties to disclose to us such information as we may request for such purposes, and you agree to hold them and us harmless from any claim or liability arising from the request for or disclosure of such information. You agree that we may terminate your access to the CHC at any time if we are unable at any time to determine or verify your qualifications or credentials.

Protecting Your Log-In Credentials. As a registered user, you will have log-in information, including a username and password. Your account is personal to the primary account holder, and you may not share your account and log-in information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your account and access credentials, you should take care to preserve the confidentiality of your username and password, and any device that you use to access the CHC.

Notification in Case of Breach. You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Collaborate’s customer support. You will be solely responsible for the losses incurred by patients due to any unauthorized use of your account that takes place prior to notifying Collaborate that your account has been compromised.

Additional Use Terms. You shall access the CHC only i) through your Authorized Users acting within the scope of their service for you; ii) on Collaborate’s servers as authorized by Collaborate; (iii) for your internal use; and (iv) from and within Countries of the EU.

As used herein, “Authorized Users” shall mean those users (i) who are designated by you as “staff” on the CHC and who have been granted access to the CHC by you in your exercise of reasonable discretion relating to the receipt of the Collaborate Services and who are (A) employees of Yours, or (B) other individuals who are not, and are not affiliated with, competitors of Collaborate, and have a valid business associate agreement or other agreement with you, and (ii) from whom you have obtained reasonable assurances that they will comply with the access and use and confidentiality terms in these Terms of Use and your Agreement.

You shall ensure that each Authorized User complies with these Terms of Use and your Agreement as well as applicable law. You shall terminate any Authorized User’s access to the CHC: (i) when such person no longer meets the definition of “Authorized User”; (ii) if conduct by such Authorized User breaches any term of these Terms of Use and/or your Agreement; or (iii) upon such Authorized User’s indictment, arrest, or conviction of any crime related to claims or other transactions, financial relationships, or financial dealings in connection with health care, and you shall immediately inform Collaborate of any such indictment, arrest, or conviction. You are responsible for all acts and omissions of any Authorized User in connection with such Authorized User’s access and use of the Collaborate Services. Collaborate may restrict, suspend, or terminate an Authorized User’s access to the CHC if Collaborate determines in its sole discretion that such access has an adverse effect on Collaborate.

Except as expressly permitted under these Terms of Use, You shall not and shall cause Your Authorized Users not to: (i) access or use the CHC in connection with the provision of any services to third parties; (ii) resell, rent, license, lease, provide service bureau or timeshare services, transfer, encumber, copy, distribute, publish, exhibit, transmit or otherwise make available to any third party any Collaborate Content or the Collaborate Services; (iii) derive specifications from, reverse engineer, reverse compile, disassemble, translate, record, or create derivative works based on the CHC; (iv) use the CHC in a manner that delays, impairs, or interferes with system functionality for others or that compromises the security or integrity of any data, equipment, software, or system input or output, including but not limited to introduction of any viruses or malware into the CHC; (v) enter data in the CHC that is threatening, harmful, lewd, offensive, defamatory, or that injures or infringes the rights of others; (vi) apply systems to extract or modify information in the CHC using technology or methods such as those commonly referred to as “web scraping,” “data scraping,” or “screen scraping;” (vii) use the CHC or any part or aspect thereof for any unlawful purpose or to mislead or harass anyone; or (viii) use the CHC except as specifically permitted under this Agreement. Use of or access to theCHC not in accordance with these Terms of Use or Your Agreement is strictly prohibited. Any violation will cause Collaborate irreparable and immediate harm, and Collaborate is entitled to injunctive relief to prevent such violation.

Third-Party Browser Extensions. Extensions are small software programs, developed by third parties, that can modify and enhance the functionality of your browser. Extensions may have privileges, including the ability to read, record and/or modify your private data, including PII. These extensions are installed by individual users into the browser on their computers and are utilized at users’ own risk. Further, such extensions are not affiliated with Collaborate and Collaborate does not have visibility into which extensions any user may use. Collaborate assumes no risk of loss of data or breach of such data due to your use of browser extensions.

Prior to using the CHC, if You have one (or more) of these extensions enabled in your browsers, Collaborate recommends completely removing all of these extensions immediately as disabling the extensions may not be sufficient to protect your PII. We recommend that You only access the CHC from supported browsers that have all plugins and extensions removed.

Further, installing any third-party software on your operating system may also subject you to the same risks as using browser extensions. Collaborate has no liability to you due to damages caused by any third-party software, including, without limitations, browser extensions.

Communications

By registering to the CHC, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

General Payment Terms

Premium features of CHC (Premium Service) will require you to pay fees upon registering for the applicable premium service. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in Euros and are non-refundable unless otherwise stated at the time of purchase. Fees vary based on the plan, with different pricing schemes for individual users and organizations.

Price. Collaborate reserves the right to determine pricing for CHC. Collaborate will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information, located here: https://collaborate247.com/pricing. Collaborate may change the fees for any feature of the CHC, including additional fees or charges, if Collaborate gives you advance notice of changes before they apply. Collaborate, at its sole discretion, may make promotional offers with different features and different pricing to any physician. These promotional offers, unless made to you, will not apply to your offer or these Terms.

Authorization. You authorize Collaborate to charge all sums for the orders that you make and any level of service you select at the Collaborate website or the CHC, to the payment method specified in your account. If you pay any fees with a credit card, Collaborate may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

Subscription Service and Cancellation Policy. Access to the Premium Service of CHC includes automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize Collaborate to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the CHC. For information on the “Subscription Fee”, please see our Pricing page. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by accessing your account settings at the CHC or by sending us a relevant request at: info@collaborate247.com.

Delinquent Accounts: Collaborate may suspend or terminate access to the CHC for any account for which any amount is due but unpaid. In addition to the amount due for the Premium Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any of the unpaid amount, including collection fees.

Licenses

Permission to Use. Subject to your complete and ongoing compliance with these Terms, Collaborate grants you limited, non-transferable, non-sublicensable, revocable permission to access and use CHC for your personal, internal use during the Term of this Agreement at the level of service for which you have paid all applicable Fees.

Restrictions.Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the CHC; (b) make modifications to the CHC; or (c) interfere with or circumvent any feature of the CHC, including any security or access control mechanism. If you are prohibited under applicable law from using the CHC, you may not use it. You may not use the CHC on behalf of any third party, or in a service bureau or similar capacity.

Feedback: If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the CHC (“Feedback”), then you hereby grant Collaborate an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

Ownership, Proprietary Rights. The CHC is owned and operated by Collaborate. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, templates, and all other elements of the CHC (“Materials”) provided by Collaborate are protected by intellectual property and other laws. All Materials included in the CHC are the property of Collaborate. Except as expressly authorized by Collaborate, you may not make use of the Materials. Collaborate reserves all rights to the Materials not granted expressly in these Terms.

Third Party Software

The CHC may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the CHC is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.

User Content

User Content Generally. Certain features of the CHC may permit users to upload content to the CHC, including medical examination results, health service provider notes or patient photos and other health related content which may be comprised of messages, photos, video, images, data, text, and other types of works (“User Content”) and to share User Content on the CHC with certain users (i.e. physicians or family members) in an effort to maximize patient outcomes. You retain any copyright and other proprietary rights that you may hold in the User Content that you upload to the CHC. Nevertheless, we need certain permission from you in order to upload User Content to CHC.

Limited License Grant to Collaborate. By providing User Content to or via the CHC, you grant Collaborate a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats.

Limited License Grant to Other Users. By providing User Content to or via the CHC to other users of the CHC, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the CHC.

User Content Representations and Warranties. Collaborate disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the CHC. By providing User Content via the CHC, you affirm, represent, and warrant that:

a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Collaborate and users of the CHC to use your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Collaborate, the CHC, and these Terms;

b) your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Collaborate to violate any law or regulation; and

c) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate.

d) your User Content does not and will not contain Hateful Content, a Threat of Physical Harm, or Harassment.

Notwithstanding the foregoing, we reserve the right to screen, remove, edit, or block any User Content we find in violation of the Terms or that we find, in our sole discretion to be otherwise objectionable, at our sole discretion.

User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Collaborate may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the CHC you will be exposed to User Content and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Collaborate with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Collaborate does not permit copyright-infringing activities on the CHC.

Monitoring Content. Collaborate does not control and does not have any obligation to monitor: (a) User Content; (ii) any content made available by third parties; or (iii) the use of the CHC by its users. You acknowledge and agree that Collaborate reserves the right to, and may from time to time, monitor any and all information transmitted or received through the CHC for operational and other purposes. If at any time Collaborate chooses to monitor the content, Collaborate still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

Indemnity

You are responsible for your use of the CHC, and you will defend and indemnify Collaborate from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your use of, or misuse of, the CHC; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

Disclaimers. No Warranties

The CHC and all materials and content available through the service are provided “as is” and on an “as available” basis. Collaborate disclaims all warranties of any kind, whether express or implied, relating to the service and all materials and content available through the service, including: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (b) any warranty arising out of course of dealing, usage, or trade. Collaborate does not warrant that the CHC or any portion of the CHC, or any materials or content offered through the CHC, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and collaborate does not warrant that any of those issues will be corrected.

No advice or information, whether oral or written, obtained by you from the CHC or Collaborate or any materials or content available through the CHC will create any warranty regarding Collaborate or the CHC that is not expressly stated in these terms. We are not responsible for any damage that may result from the CHC and your dealing with any other CHC user. You understand and agree that you use any portion of the CHC at your own discretion and risk, and that we are not responsible for any damage to your property (including your computer system or mobile device used in connection with the service) or any loss of data, including User Content.

However, Collaborate does not disclaim any warranty or other right that Collaborate is prohibited from disclaiming under applicable law.

Limitation of Liability

You may interact directly on the CHC with one or more physicians to obtain medical treatments, diagnoses and or care, or for other means. Collaborate is not responsible for any medical treatment, diagnoses or care provided or suggested to you by such physicians. In that regard, COLLABORATE HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, RESPONSIBILITY AND LIABILITY OF ANY KIND REGARDING ANY COMMUNICATIONS BETWEEN YOU AND PHYSICIANS (OR OTHER HEALTH CARE PROVIDERS) FOR PURPOSES OF OBTAINING MEDICAL TREATMENT, DIAGNOSIS OR CARE FROM THE USE OF THIS WEBSITE AND/OR THE CHC. COLLABORATE OPERATES THIS WEBSITE AND/OR THE CHC AS A CONVENIENCE FOR YOU AND PHYSICIANS. COLLABORATE IS NOT LICENSED TO RENDER MEDICAL ADVICE TO YOU ON ANY TOPIC OR FOR ANY PURPOSE, AND DISCLAIMS LIABILITY FOR ANY DIAGNOSES OR TREATMENTS RECOMMENDED TO YOU BY A PHYSICIAN OR OTHER HEALTHCARE PROVIDER THAT USES THIS WEBSITE AND/OR THE CHC.

To the fullest extent permitted by law, in no event will Collaborate be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the CHC or any materials or content on the CHC, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not Collaborate has been informed of the possibility of damage.

Applicable Law

These Terms and any amendment or alteration thereto shall be governed and supplemented by the Greek law, European Union law and relevant international treaties. Any provision of the above terms that is contrary to the law, ceases automatically to be valid and is removed from the present, without affecting in any way the validity of the remaining terms. The courts of Athens have jurisdiction over any dispute arising.

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