These Terms and Conditions (“Terms”) constitute a legally binding agreement between you and Allheartz, Inc. (“Allheartz,” “Company,” “we,” “us,” or “our”) governing access to and use of the Allheartz Clinical Platform, including related mobile applications, web portals, interfaces, software tools, and associated services (collectively, the “Clinical Services”). You accept these Terms when you check the box presented during registration or otherwise access or use the Clinical Services.
The Clinical Services are used by different types of users — patients, providers and clinicians, and healthcare organizations — whose rights and obligations differ.
The Clinical Services support healthcare providers and patients through movement measurement and tracking, collection of patient-reported information, rehabilitation and recovery monitoring, communication and workflow support, remote therapeutic monitoring (“RTM”) workflows, and integration with electronic health record (“EHR”) systems. The Clinical Services provide measurement, tracking, and data-collection functionality only and are intended to support — not replace — professional clinical judgment.
Allheartz does not independently diagnose, treat, or determine appropriate medical care. Healthcare providers remain solely responsible for clinical interpretation, diagnosis, treatment decisions, rehabilitation planning, and patient management. The Clinical Services are an adjunct to standard clinical care and workflow, and may function as a communication medium through which providers share their own clinical opinions, recommendations, or media; such communications reflect the provider’s judgment, not Allheartz’s.
The Clinical Services are intended for movement measurement, tracking, and data collection to support rehabilitation and remote therapeutic monitoring. They are not intended to provide a diagnosis or to recommend treatment, and no representation is made that they are cleared or approved to do so. Allheartz makes no claims regarding clinical outcomes beyond the stated intended use, and users agree not to use the Clinical Services outside their intended use.
Users may be required to create accounts. Users agree to provide accurate information, maintain the confidentiality of login credentials, and use the platform only for authorized purposes. Organizations are responsible for ensuring that only authorized users access the platform and that access is promptly revoked when no longer appropriate.
The Clinical Services may collect and process video recordings of movement, joint-movement measurements, patient-reported outcome measures (“PROMs”), pain scores and symptom reporting, rehabilitation adherence and treatment-completion information, communications between patients and providers, and related clinical and workflow information.
Submitted recordings are processed to generate movement measurements. Video recordings, derived measurements, and related data are stored on secure cloud infrastructure, protected by administrative, technical, and physical safeguards. Where our cloud hosting provider creates, receives, maintains, or transmits PHI, it does so under a Business Associate Agreement and the security protocols it makes available. We retain this information in accordance with the applicable organizational agreement, the BAA, and law.
Information collected through the Clinical Services may be integrated into EHR systems used by healthcare providers or affiliated organizations. Users acknowledge that healthcare organizations retain and manage information in accordance with their own policies and legal obligations.
To the extent Allheartz creates, receives, maintains, or transmits Protected Health Information (“PHI”) on behalf of a covered-entity customer, Allheartz will act as a Business Associate under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and will enter into a Business Associate Agreement with that customer. The BAA governs the handling of PHI and controls over these Terms with respect to PHI. Allheartz implements reasonable administrative, technical, and physical safeguards designed to protect PHI.
The Clinical Services collect and analyze biometric identifiers and biometric information, including video of the body and derived movement, gait, and biomechanical patterns. Consent for biometric data is obtained where required by law — including through the patient’s (or, for a minor, a parent/guardian’s) acceptance of these Terms and the Privacy Policy, and as further described in our Biometric Data Notice — and Allheartz does not sell, lease, or trade biometric data. Biometric data is retained and destroyed in accordance with applicable agreements, the BAA, and law.
Allheartz may use a separate pool of de-identified data — de-identified in accordance with the HIPAA de-identification standard (45 CFR § 164.514), using the Safe Harbor or Expert Determination method — to develop, train, validate, and improve its models, algorithms, and Services, and may retain such de-identified data indefinitely. Where model development requires review of identifiable video or other PHI (for example, to verify or correct movement keypoints), Allheartz will do so only as expressly permitted by the applicable Business Associate Agreement or a valid patient authorization, and will otherwise de-identify the data before such use. Access to identifiable data for these purposes is limited to authorized personnel under confidentiality and security controls.
Use of the Clinical Services for patient care does not automatically constitute participation in research. Any formal research involving patient information will be conducted in accordance with applicable law, institutional review requirements, and informed-consent requirements, and users may be provided separate research-consent documentation where required.
The Clinical Services may support RTM workflows. Allheartz does not guarantee or ensure reimbursement or coverage for any service. Billing, coding, documentation, and medical-necessity determinations are the sole responsibility of the provider and organization, who are responsible for compliance with applicable payer and program requirements, including obtaining any patient consent required to furnish and bill RTM services. The provider’s HIPAA Notice of Privacy Practices governs the handling of patient health information.
Users agree not to misuse the Clinical Services, reverse engineer platform technology, access unauthorized accounts or information, upload malicious software or harmful content, or violate applicable laws or regulations.
All software, algorithms, analytical methods, interfaces, and related intellectual property associated with the Clinical Services remain the exclusive property of Allheartz. Feedback or suggestions provided to Allheartz may be used without restriction or compensation.
The Clinical Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Allheartz disclaims all implied warranties and makes no guarantee regarding uninterrupted operation, clinical outcomes, treatment effectiveness, or the accuracy of user-entered information.
To the fullest extent permitted by law, Allheartz shall not be liable for indirect, incidental, consequential, special, or punitive damages. Allheartz’s aggregate liability arising out of or relating to the Clinical Services shall not exceed the amounts paid for the Clinical Services in the twelve (12) months preceding the claim. Breaches of confidentiality or HIPAA obligations, data-security incidents, infringement of intellectual property, and gross negligence, willful misconduct, or fraud are excluded from this limitation or subject to a separately negotiated higher limit in the applicable organizational agreement. Nothing in these Terms limits liability that cannot be limited under applicable law.
Each party agrees to indemnify the other for third-party claims arising from its breach of these Terms, violation of law, or negligent or wrongful acts, subject to the terms of any organizational agreement. Providers and organizations are responsible for their clinical use of the Clinical Services and for their patients’ care.
Allheartz implements reasonable safeguards designed to protect information from unauthorized access, disclosure, or misuse. However, no system can guarantee absolute security.
These Terms remain in effect while you use the Clinical Services and may be terminated as provided in the applicable organizational agreement or for violations of these Terms. Accounts may be deactivated by the user, by the managing provider or organization, or by Allheartz as provided in the applicable agreement. Allheartz may update these Terms and will revise the “Last Updated” date; for material changes affecting organizations, changes are governed by the applicable agreement. Provisions that by their nature should survive termination will survive.
These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules. The parties will attempt in good faith to resolve disputes informally before litigation. Any unresolved dispute shall be brought exclusively in the state or federal courts located in Alameda County, California, except where an organizational agreement specifies a different forum or dispute-resolution mechanism.
If any provision is unenforceable, the remainder remains in effect. These Terms, together with the Privacy Policy, any BAA, and any organizational agreement, constitute the entire agreement regarding the Clinical Services. Allheartz may assign these Terms in connection with a merger or sale. Failure to enforce a provision is not a waiver. Neither party is liable for delays caused by events beyond its reasonable control.
Allheartz, Inc., Oakland, California. Questions may be sent to hello@allheartz.com.