- Patients and Providers
- Account Security
- Intellectual Property Rights
- Collection and Use of Your Information.
- Third-Party Materials.
- Prohibited Uses
- Monitoring and Enforcement; Termination
- Reliance on Information Posted
- Links from the App
- Provider Agreements and Other Content
- Claims of Copyright Infringement
- Disclaimer of Warranties
- Limitation of Liability
- Governing Law and Jurisdiction
- Limitation on Time to File Claims
- Waiver and Severability
- Authorization to Use and Disclose Protected Health Information
- Entire Agreement
- Your Comments and Concerns
The Company may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any features or functionality. Based on your mobile device settings when your mobile device is connected to the internet either:
- The App will automatically download and install all available Updates; or
- You may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.
Patients and Providers
Jiguar provides mobile platforms so individuals can self-register and use various functions of the platform. However, it does not provide any legal, medical, or psychological advice, diagnoses, or treatment. Therefore, you assume full risk and responsibility for your use of information obtained through Jiguar.
You acknowledge that all the information and content in Jiguar is for informational purposes only and is not intended to replace the relationship between you and healthcare provider. We are not a licensed medical care provider and have no expertise in diagnosing, examining, or treating medical conditions thereby we do not give medical, legal, or psychological advice, diagnoses, or treatment. We do however provide screening of developmental, behavioural, cognitive and mental concerns in children form newborn to 18 years of age. You are not a patient or client of Jiguar. You must contact a professional for medical, legal, or psychological advice. If you think you may have a medical emergency, call your doctor or emergency phone number immediately.
To be approved as a healthcare provider using Jiguar, you must comply with all medical laws, board rules, and other regulations applicable. Your relationship with Jiguar is between you and the patient. For healthcare providers, Jiguar does not practice medicine or offer medical services.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this App or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Any access to a Jiguar platform that requires a user ID and password, you agree to access these areas with your assigned user ID and password only. You agree that it is your responsibility to protect the confidentiality of your user ID and password and choose to share or not share your information with any third party. You are responsible for any activity that occurs within an account under your user ID. Jiguar holds the rights to revoke your access to the site for any cause. You agree to waive Jiguar of any responsibility for what occurs under your user ID and defend Jiguar against all third-party claims or damages regarding activities occurring under your user ID.
Intellectual Property Rights
- Download, install, and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by strictly in accordance with the App’s documentation; and
- Copy the App, except to download, install, and use the App for your personal, non-commercial use on a single mobile device.
- Modify, translate, adapt, or otherwise create derivative works or improvements, whether patentable, of the App.
- Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof.
- Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof.
- Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time; or
- Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App.
You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. The Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
You must not access or use for any commercial purposes any part of the App or any services or materials available through the App.
The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this App are the trademarks of their respective owners.
Collection and Use of Your Information.
The App may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that the Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the App, or which, as determined by us, may harm the Company or users of the App or expose them to liability.
- Use the App in any manner that could disable, overburden, damage, or impair the App or interfere with any other party's use of the App, including their ability to engage in real time activities through the App.
- Use any robot, spider or other automatic device, process or means to access the App for any purpose, including monitoring or copying any of the material on the App.
- Use any manual process to monitor or copy any of the material on the App or for any other unauthorized purpose without our prior written consent.
- Use any device, software, code or routine that interferes with the proper working of the App.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the App, or any server, computer or database connected to the App.
- Attack the App via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the App.
Additionally, you agree not to:
Monitoring and Enforcement; Termination
Termination of Account by Provider
If you wish to discontinue your account, you must log into your account and delete it under account settings; Jiguar will not delete your account for you.
We have the right to:
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the App.
- All rights granted to you under this App will also terminate; and
- You must cease all use of the App and delete all copies of the App from your mobile device and account.
Reliance on Information Posted
Although Jiguar strives to ensure the integrity and accurateness of the site, it makes no guarantees as to the complete correctness of the site and its content. It is possible that error such as typographical errors, content inaccuracies, and unauthorized alternations by third parties can occur. In this case, please inform Jiguar about said inaccuracy so it can be prompts corrected. Therefore, information on the Jiguar can may be changed or altered without notice. Additionally, if any information or content is posted to Jiguar’s site by a third party, Jiguar will not take responsibility or liability for that information.
The information presented on or through the App is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other guest to the App, or by anyone who may be informed of any of its contents.
This App may include content provided by third parties, including materials provided by third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Links from the App
Jiguar has no responsibility for third party content that can be accessed through Jiguar’s site. Jiguar has no control over third party information, even if it is linked on our site. If you decide to access any third-party sites through this site, it is your responsibility to take precautions against any viruses, worms, Trojan horses or other destructive malware that may occur.
If the App contains links to websites, other mobile applications or resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including sponsored links. We have no control over the contents of those websites, mobile applications or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites, mobile applications or resources linked to this App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites, mobile application or resources.
Provider Agreements and Other Content
Any agreements, contract, consents, notices, comments, files, images or other materials that you post or upload to us or our site will be taken down if it (1) is defamatory, abusive, unlawful, obscene, threatening, harassing, or encouraging of criminal behaviour, (2) violates privacy or infringes on the copyright, trademark, or intellectual property rights of another person or party, (3) contains a virus or other harmful malware. The provider alone is responsible for all agreements and communications with the patients including necessary agreements, consents, and notices. You agree to not contact other user through unsolicited means such as mail, e-mail, telephone, etc. You also agree Jiguar has the royalty-free, irrevocable, transferable right to use any content you post, submit or upload however Jiguar desires. Jiguar may copy, modify, delete, adapt, public, translate, etc such content or incorporate such content into any other form or technology. Jiguar is under no obligation to keep the provider’s uploaded content a secret, pay the provider or anyone else any compensation for the content, or respond to any content. However, Jiguar does not claim any interest in or rights to any provider content unless it is defamatory, abusive, unlawful, etc.
Jiguar does not regularly review provider’s content but does have the right to monitor, edit, or remove any content at our own discretion if we choose to. You grant Jiguar the right to use any name you provide in connection to the content you upload. Therefore, you agree to not use a false identity by faking an email address, impersonating another entity, or misleading the origin of such content. You are solely responsible for the content you upload and provide to patients and Jiguar takes no responsibility for it. You agree to defend and hold Jiguar harmless from all third-party claims, damages, and expenses that rise from any provider content you post or allow to be posted.
Claims of Copyright Infringement
Jiguar does not claim any responsibility for copyrighted materials posted on our site. If you believe that your work has been copied to an extent that constitutes copyright infringement, let us know and followed the procedures below. Jiguar respects the intellectual property of others and extends users and providers to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond quickly to any notices of alleged copyright infringements that are reported in the manner below.
If you are a copyright owner or authorized to act on behalf of one, please report any cases of alleged infringement taking place on our site by sending us a notice with the following requirements.
- Identify the works that have been infringed.
- Identify the material or link you claim is infringing and that access to which is to be disabled including, if applicable, the URL of the link shown on the site where such material can be found.
- Provide to us your mailing address, telephone number, and email address, if available.
Include the following statements in the body of your notice:
- "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
- "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
Provide to us your full legal name and your electronic or physical signature.
Deliver this notice, with all above requirements completed to our Copyright Agent:
Email us at email@example.com
Disclaimer of Warranties.
THE APP IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP OR THE CONTENT AND SERVICES FOR:
- PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
- DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APP.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless the Company 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 reasonable attorneys' fees, arising from or relating to your use or misuse of the App or your breach of this Agreement, including but not limited to the content you submit or make available through this App.
The patient or provider using a product or platform of Jiguar will do so only in accordance with applicable standards of good professional practice. While software platforms such as those Jiguar provides can improve and facilitate the quality of care provided to patients, many factors can affect a patient’s outcome. When using technology that utilizes intricate and complex decision making, it is difficult to ensure a specific outcome to analyse the exact factors involved with a specific outcome. Therefore, the patient or provider will be solely responsible for its use of Jiguar’s services and platforms. In this regard, the patient or provider releases Jiguar and waives all potential claims against Jiguar as a direct result of the patient or provider’s use of Jiguar’s products. The provider agrees to defend Jiguar from any claim by or on behalf of its patients, personnel, or any other third-party claiming damage of a familial or financial relationship with such a patient, regardless of the cause.
You grant Jiguar permission to receive and send electronic communications to and from the patients and providers. You acknowledge and agree that agreements will be signed electronically and will be in accordance with all applicable laws. Additionally, all notices, disclosures, or other electronic communication will be in accordance with any applicable legal requirements.
Site Access, Security, and Restrictions; Passwords
You are prohibited from using any scraper, crawler, spider, or other automated means to access or copy data from any of Jiguar’s sites or platforms, deep-link to any content on the site, or bypass any measures to implement to restrict access to the site or any data.
Any violation of the Jiguar’s system or network security may result in civil or criminal liability. Jiguar will investigate any occurrences of security breach violations and cooperate with law enforcement authorities to prosecute those involved with such breaches.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Authorization to Use and Disclose Protected Health Information
Developers : Jiguar, INC
Name of Study : Development of Early Intervention App ("Study")
Privacy laws, including the Health Insurance Portability and Accountability Act ("HIPAA"), protect the use and disclosure of health information about you, also known as protected health information. Under these laws, the Developers cannot release protected health information about you for research purposes unless you give your permission.
If you wish to participate in this Study, you must give the research team permission to collect protected health information about you and use and share that information with others by signing this Authorization.
What protected health information about me may be used or shared for this study?
The Developers will use and disclose protected health information about you, including protected health information that you enter the application after you download it to your device. This information includes, but is not limited to:
- Your name, initials, age, gender, and race.
- Responses to questions related to your child’s developmental milestones, which may include:
- Your medical history, including past illnesses or surgeries.
- Your current or past medications or therapies that you receive or have received.
- Your present health and medical condition.
How will protected health information about me be used for the research?
Protected health information about you will be used to:
- Conduct the study and perform the research.
- Monitor the study, including to ensure the accuracy and integrity of the study data.
- Improve the design of future studies.
- Match you with the appropriate type of specialist or therapist based on the responses to the questions regarding your child’s developmental milestones.
Who will receive the protected health information about me?
The Developer may disclose protected health information about you to:
- The Software Developer who has developed the software to run and maintain the application.
- The personnel who review the responses for accurate recommendation of specialist or therapist.
The Developer may also share protected health information about you with federal and state agencies that have oversight of the study or to whom access is required under the law.
Once the Developer discloses your protected health information as described in this Authorization, it may no longer be protected by HIPAA and recipients could possibly use or redisclose it in ways other than those listed here.
Will I be able to see my study records?
You have a right to see and make copies of the protected health information collected about you for the study. However, you agree, by signing this document, not to see or copy some or all of this information until the Developer has completed all work related to this study. At that time, you may ask to see your records.
When does this Authorization to use my protected health information expire?
This authorization will not expire unless you change your mind and withdraw it in writing. There is no set date at which your information will be destroyed or no longer used.
Can I change my mind about giving permission to use my protected health information?
Yes. You have a right to withdraw your permission to use and disclose your protected health information at any time. If you withdraw your permission, you may no longer take part in the study and no new information about you will collected. Even if you withdraw your permission, the information collected before you withdrew your permission will still be used or disclosed as needed for the study.
To withdraw your permission, you must write to the Developer, stating that you are withdrawing this Authorization to Use and Disclose Protected Health Information.
Who can answer any additional questions that I have?
If you have any questions relating to your rights under HIPAA and other applicable privacy laws please contact at firstname.lastname@example.org .
If you have any questions relating to the Study, please contact at email@example.com .
Your Comments and Concerns
This mobile application is operated by Jiguar, INC.
All feedback, comments, requests for technical support and other communications relating to the App should be directed to: [firstname.lastname@example.org ]