Introducing HealthCheck Pro – the clinical version of HealthCheck developed exclusively for providers. Offering a secure, mobile connection to your patients and prescriptions, this versatile app integrates key features of CoagClinic™, VADWatch™ and eRx. It’s an easy way to receive notifications, review PST results, manage prescriptions and inventory.
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Privacy Policy
YOUR USE OF THE SERVICES IS ALSO SUBJECT TO THE PRIVACY POLICY AVAILABLE AT https://www.abbott.com/privacy-policy.html (“Privacy Policy”), WHICH EXPLAINS OUR PRACTICES WITH RESPECT TO THE INFORMATION THAT YOU PROVIDE THROUGH YOUR USE OF THE SERVICES.
Terms of Use
ACELIS ESUITE – ADMIN AND CLINICIAN TERMS OF USE

Effective Date: February 27, 2025

This Agreement applies to the Services (defined below) provided in conjunction with Acelis’ eSuite.
IMPORTANT – Please read the following together with the documents referred to on it carefully before proceeding. This is a legal document between you and us (as both terms are defined below). THESE TOU (“TOU”) ARE A LEGAL AGREEMENT BETWEEN YOU AND STANDING STONE LLC, D/B/A ACELIS CONNECTED HEALTH TECHNOLOGIES AND OUR AFFILIATES (COLLECTIVELY, “ACELIS”, “we”, “us”, OR “our”) FOR THE WEBSITES, APPLICATIONS, TELEPHONE SYSTEMS THAT CONSTITUTE ACELIS ESUITE AND ANY UPDATES, MODIFICATIONS, IMPROVEMENTS, OR ENHANCEMENTS THERETO PROVIDED BY ACELIS (COLLECTIVELY, THE “SERVICES”). Your use of the Services constitutes, and is conditioned upon, your agreement to be bound by these TOU. By clicking “accept”, you explicitly consent and agree that these TOU will apply to your use of these Services. IF YOU DO NOT AGREE TO THESE TOU, THEN DO NOT ACCESS OR USE THE SERVICES.

By accepting these TOU and using the Services, you affirm that you are agreeing either on your own behalf, or on behalf of another person for whom you have actual authority to legally bind that person to these TOU. If you are a person accessing and using the Services on behalf of, or for the benefit of, any corporation, partnership, hospital, national health service organization, or other entity with which you are associated with, employed, or engaged by (a “Clinic”), then you are agreeing to these TOU on behalf of both yourself and such Clinic, and you represent and warrant that you are duly authorized to bind such Clinic to these TOU.

Any terms in any purchase order or other documentation issued by or on behalf of you that contains additional or conflicting terms or purports to replace, reject, modify, or be a counteroffer to these TOU are expressly rejected and are void as such.

Any words following the terms “including,” “include,” “in particular,” “for example” or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words. Headings in these TOU are for your convenience only, and do not limit, define, or fully explain each section.

YOUR USE OF THE SERVICES IS ALSO SUBJECT TO THE PRIVACY POLICY AVAILABLE AT https://www.abbott.com/privacy-policy.html (“Privacy Policy”), WHICH EXPLAINS OUR PRACTICES WITH RESPECT TO THE INFORMATION THAT YOU PROVIDE THROUGH YOUR USE OF THE SERVICES.

1. Information about Us: The eSuite websites are operated by Standing Stone, LLC dba Acelis Connected Health Technologies.

2. Key Terms: The following terms have the following meaning in these TOU:

Administrator. The Acelis eSuite system administrator to whom a Clinic provides an administrator ID for creating, administering and maintaining Clinic IDs.

Affiliate. A corporation or any other entity that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, such party. As used herein, the term “control” means possession of direct or indirect power to order or cause the direction of the management and policies of a corporation or other entity whether (i) through the ownership of more than fifty percent (50%) of the voting securities of the other entity, or (ii) by contract, statute, regulation or otherwise.

Data. Patient data or information uploaded to the Services, Third-Party Service Data, and data submitted by you through the Services.

Platform. Software-based platform made available by us at www.vadwatch.com and/or www.coagclinic.com or other such URL, mobile app, or hardware as we may provide.

Services. The Platform and other services we provide to you pursuant to these TOU associated with the Acelis eSuite network.

Third-Party Service Data. “Third-Party Service Data” includes data you or a patient has submitted or recorded into a third-party service (e.g., Apple HealthKit, Google Fit), including but not limited to our Affiliate’s services or software, and that you have chosen to transmit to a mobile app and/or the Services on your behalf or on behalf of a patient. Third Party Service Data may be transmitted on an ongoing basis or such other frequency determined by you and may be included in a patient record based on your elections or the parties’ agreement.

TOU. These Terms of Use, together with the documents referred to herein, including any updates posted at www.vadwatch.com, www.coagclinic.com, or other such URL as we may provide.

User(s). Any user of the Platform with user credentials to access and use the Services.

We, us, and our. Quality Assured Services, Inc. d/b/a Acelis Connected Health Supplies, Alere Home Monitoring Inc., d/b/a Acelis Connected Health Services, or Standing Stone LLC, d/b/a Acelis Connected Health Technologies, and our Affiliates, to the extent that each helps to perform Services under this Agreement.

You, your, yours. You and the organization (e.g., health care provider, Clinic, or other party) on whose behalf you subscribe to, access, and use the Services.

3. Description of the Acelis Services: The Services are designed to help you manage your patients and record, view, collect, and transmit associated data. The Services are dependent upon access to the internet, telecommunication systems, third-party service providers, platforms, and software, that may not be provided by us. We are not responsible or liable for any third party’s performance, delayed performance, errors, damage or loss of Data or non-performance. The Services may allow you to remotely monitor your patients’ care and, where offered and approved, may allow you to remotely access certain patient Data shared with you. We are not responsible or liable for any third party’s performance, delayed performance, errors, damage or loss of Data or non-performance.

Services are not health services directly used by patients, and we are not a provider or supplier of any health care services. YOU SHOULD INSTRUCT YOUR PATIENTS TO CALL YOU OR LOCAL EMERGENCY SERVICES IF THEY SUSPECT THEY MAY HAVE A MEDICAL EMERGENCY. Our technical support personnel are not authorized to tell the Clinic’s patients about the substance, meaning, or possible consequences of any Data transmitted from the patient or their devices. The Services may be limited from time to time, and we cannot guarantee that the Services will be available at all times. To function properly, the Services require many kinds of mechanical, electrical, computational, transmission, communication and human factors, each of which are subject to limitations, errors, and untimely failures from time to time. Many of those factors are outside the control of either party.

4. Service Access: Access to the clinical parts of our Platform is restricted to Users. Users of our Platform are provided with unique User IDs by the Clinic with which they are associated and must choose a password of their choice to sign on to our Platform. Users must provide personal contact information, and you must ensure that your information is kept up to date at all times. User IDs and passwords constitute an electronic signature and will be used by us to authenticate access to our Platform. If a User opts to sign onto the Platform, the User will be able to take advantage of the non-public sections of our Platform. If a User opts not to sign onto our Platform, their access to our Platform will be restricted to the public sections of our Platform only. If you are provided with a User ID, 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 third party. We have the right to disable any User ID at any time, if in our opinion, you have failed to comply with any of the provisions of these TOU. You may only use our Platform as set out in these TOU. Any illegal or unauthorized use of our Platform shall constitute a violation of these TOU. You do not have permission to access our Platform in any way that violates these TOU or breaches any applicable law. You agree to keep your and your patients’ Data accurate, current and complete. You may print off or download extracts of page(s) from our Platform for your use in patient care or insertion into a patient’s electronic health records only.

5. Content: Our Platform is intended for the exclusive use and support in connection with the Acelis Services. You acknowledge and agree that the Platform and the Services are provided to enhance your care of your patients, and you understand that these are not a substitute for your professional judgment or for your responsibilities to your patients. Unless otherwise stated, our Services are for information only. Health information content appearing on the Platform is based on information provided by health care practitioners and device-related Data transmissions or service-related transmissions from patients. Health information content appearing on the Platform, is not intended as, and shall not be received or construed as patient-specific advice or a substitute for patient-specific advice. Any of the health information content on the Platform may be out of date at any given time, and we are under no obligation to update such content since it is based on information provided by Users and device-related or service data transmissions from your patients.

YOU ACKNOWLEDGE THAT WE ARE NOT A HEALTHCARE PROVIDER AND DO NOT PROVIDE MEDICAL ADVICE TO PATIENTS. YOU ACKNOWLEDGE THAT THE HEALTH INFORMATION CONTENT ON OUR PLATFORM IS NOT INTENDED NOR RECOMMENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, IS FOR GENERAL INFORMATION ONLY, AND IS DESIGNED TO SUPPORT, NOT REPLACE, THE RELATIONSHIP THAT EXISTS BETWEEN HEALTH CARE PRACTITIONERS AND THEIR PATIENTS. WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND RELATED COMPANIES ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT, INCLUDING BUT NOT LIMITED TO HEALTH INFORMATION CONTENT, POSTED ON OUR PLATFORM OR FOR THE ACCURACY, TRUTHFULNESS OR CONTENT, INCLUDING BUT NOT LIMITED TO HEALTH INFORMATION CONTENT, OF OUR PLATFORM AND NEITHER YOU, NOR ANYONE WHO YOU MAY INFORM OF ITS CONTENTS, SHOULD RELY ON SUCH CONTENT FOUND ON OUR PLATFORM.

YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR THE COMMANDS AND YOUR RELIANCE ON, AND DECISIONS YOU MAKE WITH RESPECT TO, THE DATA AND OTHER INFORMATION DISPLAYED THROUGH THE SERVICES. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR THESE COMMANDS OR YOUR RELIANCE ON THE INFORMATION MADE AVAILABLE THROUGH THE SERVICES. OUR PERSONNEL ARE NOT AUTHORIZED TO TELL PATIENTS ABOUT THE SUBSTANCE, MEANING, OR POSSIBLE CONSEQUENCES OF ANY DATA.

YOU MAY HAVE THE ABILITY TO INPUT AND MODIFY CERTAIN CLINICAL PARAMETERS OR ALGORITHMS, WHICH MAY AFFECT THE RESULTS GENERATED BY THE SERVICES. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY, LIABILITY, OR SERVICES SUPPORT OBLIGATIONS FOR ANY RESULTS THAT ARE DERIVED FROM ANY SUCH OR CLINICAL PARAMETERS OR ALGORITHMS INPUT BY YOU.

WITHOUT LIMITING THE FOREGOING, YOU SHALL ALSO RESTRICT THE USE OF ANY INFORMATION MADE AVAILABLE THROUGH THE SERVICES (BY THIRD PARTIES OR OTHERWISE) ONLY TO LICENSED HEALTHCARE PROFESSIONALS DIRECTLY CONNECTED WITH YOUR ORGANIZATION, EITHER AS AN EMPLOYEE OR INDEPENDENT CONTRACTOR; AND THEN, ONLY UNDER THE SUPERVISION OF, AND RELIANCE UPON, THE CLINICAL DISCRETION AND JUDGMENT OF A LICENSED PHYSICIAN. YOU ASSUME FULL RESPONSIBILITY FOR ENSURING THE APPROPRIATENESS OF USING AND RELYING UPON SUCH INFORMATION IN VIEW OF ALL ATTENDANT CIRCUMSTANCES, INDICATIONS, AND CONTRAINDICATIONS.

6. Prohibited uses of our Platform and Services: We reserve the right to disable any User ID at any time if, in our opinion, you have failed to comply with any of the provisions of these TOU applicable to you. When using our Platform you may not engage in the prohibited uses set out below. Where required by law, Users must neither enroll a patient nor create any patient profile in the Platform without having first obtained their informed, voluntary and explicit consent. You agree that you will NOT use the Services or Platform:

a. to harm or attempt to harm any person, including minors, or gather, store or upload data on any patient or person without first having received their prior consent, where required by applicable law, or without otherwise being authorized to do so;

b. to transmit advertising or other unsolicited promotional materials, or frame or link to our Platform, unless we expressly authorize such frame or link in writing;

c. to copy, reproduce, republish, upload, post, transmit, export or distribute in any way any material, documentation, or other information from or about the Services without our prior written approval, except as specifically provided in these TOU or where you have obtained our prior written approval to integrate the Services into your electronic health records system; except to the extent such restriction is prohibited under applicable law;

d. in an unlawful manner or otherwise violate any law, statute, ordinance or regulation;

e. to attempt to use, resell, redistribute, broadcast or transfer the health information content or use the health information content derived from our Platform in a searchable, machine-readable database, except as otherwise authorized or used in a patient’s electronic medical record;

f. to collect personal information about Users or patients in violation of the Acelis Privacy Notice or otherwise;

g. to upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Platform or the Services or designed to surreptitiously intercept or expropriate any system, Data or personal information;

h. to interfere with or disrupt the Platform (including accessing the Platform through any automated means, such as scripts or web crawlers), or any servers or networks connected to the Services, or any policies, requirements or regulations of networks connected to our Platform (including any authorized access to use or monitoring of data or traffic thereon) or otherwise use any device, software, or routine to interfere with the proper working of our Platform or with any other person’s use of our Platform;

i. to disclose information about the Services or Platform features or performance to any third party without our prior consent, except as required for legal or regulatory purposes or to assist in the provision of your medical treatment of a patient or otherwise use our Platform in any manner that could damage, disparage, or otherwise negatively impact us;

j. to create derivative works from, integrate with any other computer systems or programs, reverse engineer, decompile, or disassemble the Services, or any software, hardware, components or other parts that make up the Services

k. to gather, store or upload personal information, including health information, on any other persons of the Platform or Services or any patient with a device in connection with any of the foregoing prohibited activities, or

l. to infringe any person’s intellectual property rights (including uploading any content to which you do not have the right to upload).

If you print, copy, republish or download any part of our Platform in breach of these TOU, you must destroy any unauthorized copies of materials you may have made.

7. Trademarks: Acelis and related brands are trademarks and service marks of Acelis and its related companies in various jurisdictions and any goodwill that may arise from the Acelis™ and related brands trademarks and service marks via use of the Services shall insure to the benefit of and, where applicable, shall be assigned to Acelis. Other trademarks are the property of their respective owners. No license or right, express or implied, is granted to you in any of the aforesaid trademarks. You further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Acelis or Services. No use of any Acelis logo, service mark, trademark, trade name, or trade dress may be made without the prior written authorization of Acelis, except to identify the product or services of the company.

8. Proprietary Rights: You acknowledge and agree that Acelis and/or its licensors own all legal rights, titles and interest, including all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights in and to the Platform and Services we provide, including but not limited to design, graphics, user interface, page headers, images, illustrations, audio clips, text, the scripts, database structures and software used to implement the Platform, and any software or documents provided to you as a part of and/or in connection with the Services, including all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Platform and Services contain proprietary and confidential information that is protected by applicable intellectual property rights and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Platform and related Services in compliance with these TOU. No portion of the Platform or Services may be reproduced in any form or by any means, except as expressly permitted in these TOU or where permitted by applicable law. You shall not remove any product identification, copyright notices or proprietary restrictions from the Platform. You expressly acknowledge and agree that the Services are licensed and not sold to you, and that Acelis, its licensors, affiliates and suppliers, grant you a non-exclusive, non-sublicensable and non-transferable license to use the Platform on the basis of these TOU, and that your use of the Platform is also subject to any rules or policies applied by Acelis’ third-party providers. You therefore agree that Acelis and/or its licensors do not transfer to any User any ownership or proprietary rights in the Platform, any intellectual property rights, or any other technology, information or materials, and as between the parties, Acelis, its affiliates, its suppliers, and its licensors, retain exclusive ownership of all rights, titles and interest in and to all aspects of the Platform, any intellectual property rights, and all other technology, information and materials, as well as any and all copies or modifications thereof (by whomever and whenever made). RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY ACELIS AND/OR ITS LICENSORS. The use of this material and the associated rights of Acelis, its affiliates and its suppliers, are hereby acknowledged except solely to the extent that the foregoing is ineffective in certain countries/states/provinces/jurisdictions.

9. Feedback: Any data, comments or materials that you supply or if you transmit any ideas, information, concepts, know-how or techniques or materials to us or provide to Acelis in order to receive support or for improving or modifying the Services or any software, hardware, components or other parts that make up the Services, including feedback data, such as questions, comments, suggestions or the like (“Feedback”), shall be deemed to be non-confidential and non-proprietary. Acelis shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transfer, create derivative works and distribute the Feedback (other than Data and personal information) through the Platform or otherwise, and your Feedback shall become the exclusive property of Acelis and can be used by Acelis for any purpose without compensation to you. Furthermore, Acelis shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including developing, manufacturing and marketing products incorporating such Feedback.

10. License: Acelis does not claim ownership of personal information that you transmit or submit to the Platform or via the Services. By disclosing your personal information to Acelis, you grant it a worldwide, royalty-free, transferable, non-exclusive, sublicensable and fully paid up license to use, distribute, reproduce, modify, adapt, publish and translate such data for the purpose of providing you with the Services for the period in which Acelis is obligated to provide you with such Services. Acelis may create, access, retain, use or disclose to third-party researchers, aggregated, anonymized, de-identified (or pseudonymized to the extent permitted by your law) data derived from the Services for the purposes of research, to evaluate how the Services are provided, to evaluate its use and its various components and equipment, to evaluate performance or impact on clinical staff or across clinics, to enhance the functioning of the Platform, to validate Platform upgrades, or for product development and quality and safety of medical devices. You agree that the license herein permits Acelis to take any such actions. Where personal information is provided to third-party suppliers to assist us with the provision of the Services, they are required to keep personal information confidential and secure and may only use personal information to the minimum extent necessary.

11. Mutual Obligations: You and we both agree to comply with all applicable laws, rules, and regulations that apply to the Services and the processing of Data. You shall not send protected health information, personally identifiable data, or confidential information to us via any unsecured means, including, but not limited to, via unsecured (non-encrypted) email.

12. Clinic obligations: As a condition of receiving the Services, the Clinic agrees that:

a. it is responsible for supervising, monitoring, and training its employees, representatives, contractors, agents, and others at the Clinic, and each User that it authorizes to use the Services at the Clinic’s locations, to ensure proper use and security. The Clinic will limit access to the Services at its locations to duly authorized Users. The Clinic will be responsible for their Users’ (a) use of the Services, (b) compliance with these TOU, and (c) for the consequences of any breach of security that is caused by such Users or that occurs at Clinic location.

b. it will comply with the Services procedures, guidelines, updates, and changes as they exist from time to time;

c. it will ensure all Users of the Services comply with these TOU, user manuals, updates and any laws and regulations that apply, and Clinics are solely responsible and liable for any non-compliance;

d. it and its Users will promptly report to us any defects or problems Users observe with the Services, and will fully cooperate with us in resolving such issues;

e. it will promptly report to us any security incident at [EMAIL] or personal data breach at [EMAIL] connected to the Services that you observe or reasonably suspect, and fully cooperate with us, law enforcement or other applicable regulatory body in addressing the breach;

f. upon our reasonable notice, it will make its locations available to us during normal business hours for technical service and support, and at other times for critical service and support;

g. it acknowledges and agrees that the Services are provided to enhance the Clinic’s care of its patients, but you understand that the Services are not a substitute for your professional judgment or your responsibilities to your patients;

h. it will be responsible for providing health care to its patients when the Clinic uses the Services, including conducting a timely review of the Data and following up by arranging appropriate health care to its patient or, where applicable, scheduling for patient monitoring; and

i. it will be responsible for obtaining and maintaining any internet connections, power supplies, computing equipment, supplies, third-party software and personnel necessary for Users to receive the Services. The Services may require the use of software provided by unaffiliated third parties (“Third-Party Software”) to enable the full functionality of the Services. The Clinic’s use of Third-Party Software shall be subject to the applicable terms and conditions set forth by the providers of such Third-Party Software, and the Clinic shall comply with such terms and conditions and, if applicable, pay fees for the use of such Third-Party Software. We disclaim all responsibilities, warranties, and liabilities relating to the use of Third-Party Software.

j. Access to Information by Regulation. If Section 1395x(v)(1) (I) of Title 42 of the United States Code applies to these TOU, then we will, until four (4) years after the termination of this Agreement, make available to the Secretary of the United States Department of Health and Human Services, the Comptroller General of the United States General Accounting Office, or any of their authorized representatives, a copy of these TOU and any books, documents, and records that are necessary to verify the nature and amount of the costs of the services we provided under these TOU. You will maintain adequate records in connection with activity under these TOU as required by applicable law. The requirements of this section are included because of possible application of Section 1861(v)(1)(I) of the Social Security Act (42 U.S.C. § 1395x(v)(1)(I)), as it may be amended from time to time, to these TOU. If Section 1861(v)(1)(I) should be found to be inapplicable to the performance of these TOU, then this section shall be deemed inoperative and without force and effect. No attorney-client, accountant-client, or other legal privilege will be deemed to have been waived by either party by virtue of these TOU.

13. Disclaimer of Warranty: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT TO THE EXTENT PERMITTED BY LAW, THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES IS PROVIDED “AS IS,” “WHERE IS,” AND “AS AVAILABLE” WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ACELIS AND OUR AFFILIATES, THIRD PARTY PROVIDERS, AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE SERVICES OR CONTENT OR DATA AVAILABLE THROUGH THE SERVICES, AND SPECIFICALLY DISCLAIM AND YOU EXPRESSLY WAIVE ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE; AND (c) ANY WARRANTY AS TO WHETHER THE DATA OR OTHER INFORMATION AVAILABLE THROUGH OR TRANSMITTED BY THE SERVICES IS TRUE, COMPLETE OR ACCURATE.

WITHOUT LIMITING THE PREVIOUS DISCLAIMER, ACELIS AND OUR LICENSORS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SERVICES, MATERIALS, OR THE CONTENT THEREIN (i) WILL OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER, (ii) WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS, VIRUSES, OR ERRORS, (iii) WILL BE SECURE OR IMMUNE (INCLUDING THE CONTENT DELIVERED TO YOU OR THE INFORMATION YOU PROVIDED) FROM UNAUTHORIZED ACCESS, (iv) WILL BE ACCURATE, COMPLETE, OR RELIABLE, OR (v) THAT THE QUALITY OF THE SERVICES WILL BE SATISFACTORY TO YOU OR WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACELIS OR ANY MATERIALS OR INFORMATION AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ACELIS OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TOU. YOU ASSUME ALL RISK FOR ANY HARM OR DAMAGE THAT MAY RESULT TO YOU FROM YOUR USE OF OR ACCESS TO THE SERVICES AND ANY MATERIALS OR INFORMATION AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICES USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF THAT MATERIAL OR INFORMATION. IN NO EVENT WILL ACELIS BE LIABLE TO YOU FOR ANY LOSSES FROM MISTAKES, OMISSION, OR DELAYS IN TRANSMISSION OF INFORMATION, OR FROM INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SERVICE.

NOTHING IN THESE TOU IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT, OR LIABILITY IN A MANNER THAT IS NOT PERMISSIBLE UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF IMPLIED TERMS. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND THE LIABILITY OF ACELIS AND THEIR LICENSORS AND SERVICE PROVIDERS WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

14. LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ACELIS, OUR PARENT, OUR AFFILIATES, OUR THIRD PARTY PROVIDERS, OR OUR OR THEIR RESPECTIVE LICENSORS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, OR ANY PARTY ACTING ON ACELIS’ BEHALF BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, DAMAGES FOR LOSS OF DATA OR OTHER INFORMATION, OR DAMAGES FOR BUSINESS INTERRUPTION ARISING UNDER THESE TOU OR ASSOCIATED WITH YOUR USE OF THE SERVICE OR WITH RESPECT TO ANY MATERIALS EVEN IF ACELIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY, PRODUCT LIABILITY, STRICT LIABILITY, FAILURE TO WARN, INFRINGEMENT, FOR LOSS OR PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SERVICE, THIRD PARTY SOFTWARE, AND/OR THIRD PARTY HARDWARE USED OR THAT MAY BE USED WITH THE SERVICE, FOR LOSS FROM ANY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE TO YOUR DOWNLOADING ANY MOBILE APP LINKED TO THE SERVICE, OR ANY OTHER THEORY REGARDLESS OF WHETHER OR NOT ACELIS, ITS AFFILIATES, OR ANY THIRD PARTY PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS MEANS THAT YOU HEREBY WAIVE ANY AND ALL RIGHTS TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, AND LOST PROFITS. DAMAGES FOR LOSS OF DATA OR OTHER INFORMATION, OR DAMAGES FOR BUSINESS INTERRUPTION FROM ACELIS AND OUR LICENSORS. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT ACELIS WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. ACELIS SHALL NOT BE LIABLE FOR ANY LOSS OF DATA, BREACH OF SECURITY ASSOCIATED WITH THE SERVICES, OR COMMUNICATIONS ON THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SAME, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SERVICES, TERMINATION OF YOUR USE OF THE SERVICES IS YOUR SOLE REMEDY. ACELIS HAS NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU. IF, NOTWITHSTANDING THE FOREGOING LIMITATIONS, A COURT OR DISPUTE RESOLUTION AUTHORITY WITH JURISDICTION OVER ACELIS FINDS THAT ACELIS MUST PAY DAMAGES, ACELIS’ MAXIMUM AGGREGATE LIABILITY OF ANY KIND ARISING UNDER OR RELATING TO THESE TOU, THE SERVICES, OR MATERIALS SHALL BE TEN DOLLARS ($10.00).

THE FOREGOING LIMITATIONS SHALL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORT, OR ANY OTHER LEGAL THEORY; MOREOVER, THESE LIMITATIONS WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

ONLY YOU CAN IMPLEMENT BACK-UP PLANS AND SAFEGUARDS NECESSARY TO APPROPRIATELY ADDRESS YOUR NEEDS IN THE EVENT THAT AN ERROR IN THE SERVICES CAUSES COMPUTER, MOBILE PHONE, OR TELEPHONE PROBLEMS AND RELATED DATA LOSSES. FOR THESE BUSINESS REASONS YOU UNDERSTAND AND AGREE TO THE LIMITATIONS OF LIABILITY IN THIS SECTION AND ACKNOWLEDGE THAT WITHOUT YOUR AGREEMENT TO THIS PROVISION, ANY APPLICABLE FEE CHARGED WOULD BE HIGHER.

Some states /jurisdictions prohibit or limit the exclusion or limitation of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you in its entirety and any such liability will be to the maximum extent required to be provided by such applicable law.

You acknowledge and agree that to the fullest extent permitted by applicable law, neither Acelis nor our affiliates or business partners are responsible for your decision to share and/or disclose your personal information, including health-related information, and you hereby release Acelis and our business partners from any liability that may arise from such third parties’ collection or other processing of your personal information.

15. Term; Termination: The Services have no predetermined termination date and may continue until such time as Acelis decides to terminate the Services, or you are no longer authorized to receive the services from Acelis when these TOU are terminated consistent with the terms herein. You may terminate your use of the Services at any time by not using the Services.

Acelis may immediately suspend or terminate these TOU and/or your access to and use of the Services or any portion thereof, at any time and for any or no reason. In addition, if you fail, or Acelis reasonably suspects that you have failed to comply with any of the provisions of the TOU, without limiting Acelis’ other rights and remedies, all of which are expressly reserved, at our sole discretion and without notice to you, Acelis may immediately discontinue your access to the Services and terminate the TOU, and you will remain liable for all amounts due (if any) up to and including the date of termination, and all rights granted to you by these TOU will terminate, and you lose status as an authorized user.

If Acelis suspends or terminates your use of the Services for any of the reasons listed above, you will remain liable for all amounts due (if any) up to and including the date of termination, and all rights granted to you by these TOU will terminate, and you lose status as an authorized user.

Upon termination, you shall no longer have any right to use the Services under these TOU, and you must immediately (a) cease use of the Services, and (b) delete any connection to the Services on any system used by you.

16. General terms:

a. Choice of law: These TOU, including all revisions and amendments thereto, are governed by and construed in accordance with the laws of Illinois, without regard to its conflict or choice of law principles.

b. Arbitration: If a dispute arises between you and Acelis regarding these TOU, you and Acelis will attempt to resolve such dispute in good faith by direct negotiation by representatives of each party. If such negotiation does not resolve the matter within 28 days after notice of the dispute is given, the matter will be resolved by the following alternative dispute resolution (“ADR”) procedure.

To begin an ADR proceeding, a party shall provide written notice to the other party of the issues to be resolved by ADR. Within 14 days after its receipt of notice of ADR, the other party may, by written notice, add additional issues to be resolved. Within 21 days following receipt of the original ADR notice, the parties shall select a mutually acceptable independent, impartial, and conflicts-free neutral to preside over the proceeding. If the parties are unable to agree on a mutually acceptable neutral within such period, each party will select one independent, impartial, and conflicts-free neutral and those two neutrals will select a third independent, impartial and conflicts-free neutral within 10 days thereafter. None of the neutrals selected may be current or former employees, officers or directors of either party or its affiliates. The parties shall convene in a location mutually agreed upon to conduct a hearing before the neutral no later than 56 days after selection of the neutral (unless otherwise agreed upon by the parties).

The ADR process shall include a pre-hearing exchange of exhibits and summary of witness testimony upon which each party is relying, proposed rulings and remedies on each issue, and a brief in support of each party’s proposed rulings and remedies not to exceed 20 pages. The pre-hearing exchange must be completed no later than 10 days prior to the hearing date. Any disputes relating to the pre-hearing exchange shall be resolved by the neutral. No discovery shall be permitted by any means, including depositions, interrogatories, requests for admissions, or production of documents.

The hearing shall be conducted on 2 consecutive days, with each party entitled to 5 hours of hearing time to present its case, including cross-examination. The neutral shall adopt in its entirety the proposed ruling and remedy of one of the parties on each disputed issue but may adopt one party’s proposed rulings and remedies on some issues and the other party’s proposed rulings and remedies on other issues. The neutral shall rule within 14 days of the hearing, shall not issue any written opinion, and shall not refer any portion of the dispute to mediation without the parties prior, written consent. The rulings of the neutral shall be binding, and non-appealable and may be entered as a final judgment in any court having jurisdiction. The neutral(s) shall be paid a reasonable fee plus expenses. These fees and expenses, along with the reasonable legal fees and expenses of the prevailing party (including all expert witness fees and expenses), the fees and expenses of a court reporter, and any expenses for a hearing room, shall be paid as follows:

i. If the neutral(s) rule(s) in favor of one party on all disputed issues in the ADR, the losing party shall pay 100% of such fees and expenses.

ii. If the neutral(s) rule(s) in favor of one party on some issues and the other party on other issues, the neutral(s) shall issue with the rulings a written determination as to how such fees and expenses shall be allocated between the parties. The neutral(s) shall allocate fees and expenses in a way that bears a reasonable relationship to the outcome of the ADR, with the party prevailing on more issues, or on issues of greater value or gravity, recovering a relatively larger share of its legal fees and expenses.

To the extent not contradicted by the parties’ contractual agreement regarding ADR rules and procedures contained herein.

c. No Agency: The parties do not intend by entering into these TOU to create a partnership, joint venture, agency, or any other such relationship. Nothing in these TOU shall be construed to expressly or impliedly create such a partnership, joint venture, agency, or other relationship and nothing in these TOU authorizes you to make any contract, agreement, warranty, or representation on behalf of Acelis. Each of the parties warrants and represents that it has not and will not hold itself out as a representative, agent, servant, or employee of the other party for any purpose. Each party assumes sole responsibility for fully complying with laws applicable to its own personnel, none of whom shall be deemed employees or agents of the other party.

d. No Third Party Beneficiaries: These TOU are for the sole benefit of the parties and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these TOU.

e. Claims: To the fullest extent permitted under applicable law, no action arising out of, in connection with, or relating to these TOU shall be brought by you more than one (1) year after the accrual of the cause of action. This period shall not be extended for any reason, except by the written consent of both parties. All statutes or provisions of law which would toll or otherwise affect the running of the period of limitation are hereby waived, and no such statute or provision of law shall operate to extend the period limited in this paragraph, to the fullest extent permitted under applicable law.

f. Entire Agreement and Updates: These TOU are the complete and exclusive statement of these TOU with respect to the subject matter hereof and supersede all other communications or representations or agreements (whether oral, written, or otherwise) relating thereto. Acelis reserves the right, at our discretion, at any time to modify these TOU and to impose new or additional terms or conditions on your use of the Services by notifying you electronically. Please check these TOU periodically for changes. If a change to these TOU materially modifies your rights or obligations, we will take steps to provide notice of the modified TOU. Material modifications will be effective upon your acceptance of such modified TOU or upon your continued use of the Services after we send or post our notification of the changes, whichever is earlier. Other modifications are effective upon publication. Disputes arising under these TOU will be resolved in accordance with the version of these TOU that was in effect at the time the dispute arose. In the event that you refuse to accept the modified TOU, do not proceed to use the Services.

g. Severability: If any term or provision of these TOU is held to be void or unenforceable by any judicial or administrative authority, such determination shall not affect the validity of enforceability of the remaining terms and provisions of these TOU. The remaining provisions of these TOU shall remain in effect and shall be construed in accordance with its terms.

h. Survival: Sections [], and []-[] of these TOU, and any other provision that by its nature should continue to be in effect, shall survive the expiration or earlier termination of these TOU, and shall remain valid and binding.

i. Headings. The headings contained in these TOU are for reference purposes only and shall not affect the meaning or interpretation of these TOU.

j. No Waiver. The failure of Acelis to enforce at any time any of the provisions of these TOU, or the failure by Acelis to require at any time performance by you of any of the provisions of these TOU, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of Acelis to enforce such provision thereafter. The express waiver by Acelis of any provision, condition, or requirement of these TOU shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.

k. Links to third-party services and sites: We may offer links or other functions or materials on the Services which allow you to interact with a third-party service (e.g., third party cloud storage or email services) or browse or be redirected to a third party’s website, such as a social networking platform. We are not associated with, endorsing, or responsible for the services, websites, or content or privacy practices of these third parties. If you have any questions about these other companies’ practices, you should review their TOU and other policies. YOU AGREE THAT Acelis WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY SERVICES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the Services to any product, service, publication, institution, or organization of any third-party entity or individual does not constitute or imply Acelis’ endorsement or recommendation.

l. Prohibition of Assignment: You may not assign, transfer or sublicense any obligations or benefits under these TOU without the prior written consent of Acelis. Subject to the foregoing, these TOU will bind and inure to the benefit of the parties, their respective successors and permitted assigns.

m. Subcontractors: You hereby consent to Acelis’ engagement of third parties (including Acelis’ affiliates) to perform, provide, or support the performance or provision of, all or any portion of the Services.

n. Force Majeure: To the fullest extent permitted under applicable law, Acelis will be excused from performance under these TOU for any period that it is prevented from or delayed in performing any obligations pursuant to these TOU, in whole or in part, as a result of a Force Majeure Event. For purposes of this Section 24(n), “Force Majeure Event” means an event or series of events caused by or resulting from any of the following: (i) weather conditions or other elements of nature or acts of God; (ii) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (iii) quarantines or embargoes, (iv) labor strikes; (v) telecommunications, network, computer, server or Internet disruption or downtime; (vi) unauthorized access to Acelis’ information technology systems by third parties; (vii) epidemics or pandemics; (viii) criminal acts; or (ix) other causes beyond the reasonable control of Acelis.

o. Export: You may not use the Services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.

p. Notice: All notifications to Acelis under these TOU should be sent via email and first class mail to:

Acelis Connected Health Technologies
30 S. Keller Rd. Suite 100B
Orlando, FL 32810
ACHTsupport@abbott.com

Please print a copy of these TOU for your records.
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