Legal

EULA 

Privacy Policy

I’M HOME!® End User License Agreement and Terms of Use

Version: 1.2 Effective: October 1, 2016

THE I’M HOME!® SOFTWARE AS A SERVICE ONLINE AND MOBILE APPLICATION AND RELATED CONTENT AND SERVICES ARE PROVIDED SUBJECT TO THIS AGREEMENT AND TERMS OF USE. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR USE OF THE SERVICES WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THIS AGREEMENT AND TERMS OF USE.

This Agreement is in addition to any other agreement you may have with Ceras Health, including any agreement governing the purchase or use of Ceras Health products or services by you or your use of the Services in connection with a Ceras Health customer (“Customer”). By accepting this Agreement, by accessing or using the Service, or authorizing or permitting any agent or End-User to access or use the Service, YOU AGREE to be bound by this Agreement and the I’M HOME!® Privacy Policy (“Privacy Policy”), which is incorporated herein by reference, that YOU ACCEPT and are subject to this Agreement and the Privacy Policy, and that Ceras Health is permitted to collect and process information through the Services as set forth below and in accordance with the Privacy Policy. If you breach any terms of this Agreement, your authorization to use the Service shall automatically terminate. If You DO NOT AGREE or do not wish to be bound by this Agreement, do not access or use the Service, and select the “Not Accept” or similar button during account registration, terminate the download and/or installation process, immediately cease and refrain from accessing or using the Service, and delete any copies You may have. If you DO NOT AGREE to the terms of this Agreement, We will not license the Service to You and You cannot register as an End User.

The Company licenses use of the Service to you on the basis of this Agreement and subject to any rules or policies applied by any application store provider, such as but not limited to the App Store® or Google Play™, or by incorporated Third Party software providers (“Third Party Rules”). We do not sell the Service to You. Ceras Health remains the owners of the Service at all times.

If you violate any of these limitations or restrictions, the license will automatically and immediately terminate. Any attempt to violate any of the above restrictions is a violation of the rights of Ceras Health and its licensors and considered a material breach of this Agreement. If you breach this restriction, then you may be subject to prosecution and/or damages. You acknowledge and agree that, notwithstanding anything to the contrary in this Agreement, no license is granted (whether expressly, by implication, or otherwise) under this Agreement to any materials by Ceras Health that you did not acquire lawfully or that you acquired in violation of or in a manner inconsistent with this Agreement.

TO THE EXTENT COUPONS OR DISCOUNT DEALS FOR THE PURCHASE OF MEDICATIONS ARE PROVIDED VIA THE SERVICE, YOU AGREE AND ACKNOWLEDGE THAT SUCH CONTENT IS SOLELY FOR THE PURPOSE OF FACILITATING THE FULFILLMENT OF PRESCRIPTIONS AND THAT NO RECOMMENDATION IS MADE BY CERAS HEALTH REGARDING THE FITNESS OR APPROPRIATENESS OF SUCH MEDICATION FOR YOUR SPECIFIC MEDICAL CONDITION(S). YOU ACKNOWLEDGE AND AGREE THAT THE DECISION REGARDING THE USE OF MEDICATION IS MADE SOLELY BY YOU IN CONSULTATION WITH YOUR PROVIDER(S). THE SERVICE IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” CERAS HEALTH MAKES NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CERAS HEALTH HEREBY DISCLAIMS ALL SUCH WARRANTIES, WITH RESPECT TO THE SERVICE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUALITY OF INFORMATION, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. CERAS HEALTH DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE FOREGOING WILL BE CORRECTED. CERAS HEALTH CANNOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE OR THIRD PARTY MATERIALS (EITHER DIRECTLY OR THROUGH THIRD PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. CERAS HEALTH MAKES NO WARRANTIES ABOUT THE AVAILABILITY OF CELLULAR OR INTERNET NETWORKS OR THE ADEQUATE RECEIPT OF MESSAGES THROUGH THE SERVICE, EXCEPT THAT CERAS HEALTH SHALL TAKE REASONABLE STEPS TO ENSURE DELIVERY OF SUCH MESSAGES TO YOU. CERAS HEALTH MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS OF FUNCTIONS OF THE SERVICE OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION EXCEPT AS EXPRESSLY SET FORTH HEREIN OR THE PRIVACY POLICY. CERAS HEALTH DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICE IS FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS. CERAS HEALTH SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OR INABILITY TO USE THE SERVICE. YOU USE THE SERVICE AT YOUR OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CERAS HEALTH SHALL CREATE A WARRANTY. CERAS HEALTH IS UNDER NO OBLIGATION TO PROVIDE MAINTENANCE, SUPPORT OR UPGRADES FOR THE SERVICE UNDER THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. THE SERVICES MAY BE PROVIDED WITH THIRD PARTY PLUG-INS OR OTHER THIRD PARTY SOFTWARE, OR THE SERVICE MAY BE PROVIDED AS A PLUG-IN FOR, OR OTHERWISE IN ASSOCIATION WITH, THIRD PARTY SOFTWARE. USE OF ANY SUCH THIRD PARTY SOFTWARE WILL BE GOVERNED BY THE APPLICABLE LICENSE AGREEMENT, IF ANY, WITH SUCH THIRD PARTY. CERAS HEALTH IS NOT RESPONSIBLE FOR ANY THIRD PARTY SOFTWARE OR HARDWARE AND WILL HAVE NO LIABILITY OF ANY KIND FOR YOUR USE OF SUCH THIRD PARTY SOFTWARE OR HARDWARE AND MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO SUCH THIRD PARTY SOFTWARE OR HARDWARE. COPYING, DOWNLOADING, INSTALLING, UPLOADING, ACCESSING OR USING THE SERVICE EXCEPT AS PERMITTED BY THIS AGREEMENT, IS UNAUTHORIZED AND CONSTITUTES A MATERIAL BREACH OF THIS AGREEMENT AND AN INFRINGEMENT OF THE COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS IN THE SERVICE AND MAY SUBJECT YOU TO LIABILITY FOR DAMAGES OR CRIMINAL PENALTIES. CERAS HEALTH CANNOT AND SHALL NOT BE LIABLE FOR ANY DEFAULT OR DELAY IN ITS OBLIGATIONS UNDER THIS AGREEMENT IF SUCH DEFAULT OR DELAY IS DUE TO CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF CERAS HEALTH, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO ANY ACT OF GOD, EXTREME WEATHER OR NATURAL DISASTER, FIRE, WAR, TERRORISM, RIOT, CIVIL COMMOTION, MALICIOUS DAMAGE, LEGISLATION, STRIKES OR DISRUPTION TO THE INTERNET (“FORCE MAJEURE”).

Ceras Health, Inc. ATTN: Legal Department 1140 Avenue of the Americas, 21st Floor New York, New York 10036 Email: legal@cerashealth.com If we have to contact you or give you notice in writing, we will do so by email to the address you provided to us or your Provider when creating your personal user account necessary for the Service.

 

I’M HOME!® Privacy Policy

Version: 1.2 Effective: October 1, 2016

INTRODUCTION Ceras Health may collect the following Personal Information.
  • Registration: During registration for the Service, we may collect your information as part of the registration process, including but not limited to your name, email address, and date of birth.
  • Self-Reported Personal Information: We may collect the information that you enter during the course of using the Service, such as but not limited to, information regarding your health and/or medical condition and related behaviors.
  • Provider-Reported Personal Information: We may collect the information about you that is submitted with your permission by your healthcare provider, which may include healthcare staff and administrators and/or a health plan, (“Provider”) during the course of using the Service, such as information regarding your health and/or medical condition, including information that may be considered PHI, under the HIPAA privacy and security regulations.
  • Caregiver-Reported Personal Information: We may collect the information about you that is submitted with your permission by your Caregiver, which may include a family member, home health aide, primary care physician, and/or caregiver (“Caregiver”) during the course of using the Service, such as information regarding your health and/or medical condition, including information that is considered PHI, under the HIPAA privacy and security regulations.
  • Social Information: We may collect information that you provide to us pertaining to the people with whom you consent to share your Personal Information (such as your Caregiver, Provider, or other users) as well as communications between you and such individuals.
  • Communications with Provider(s) and Caregiver(s): We may collect communications that take place through the Services between you and your Provider(s) and Caregiver(s).
  • Email: If you communicated with us via email, then we may collect your email address, name, and contents of the email, in whole or in part.
  • Device Information: In your use of the Service through our mobile site(s) or application(s), we may collect the unique identifier of your device, the operating system, and applicable version.
Ceras Health may use Personal Information:
  • To address your requests for information, products, or services;
  • To administer your account;
  • To provide you with access to particular tools and services;
  • To respond to your inquiries and send you administrative communications;
  • To personalize your experience when you use our Services and applications;
  • For security and fraud prevention purposes;
  • To improve our Services;
  • To better understand our Service users and how they use the Service; or
  • Use “de-identified” information in compliance with HIPAA (defined below) and other applicable privacy and security laws.
Ceras Health will not sell, rent, license, or trade your personal information with third parties for their own direct marketing use unless we receive your express consent to do so. Ceras Health may share your Personal Information in the following ways:
  • Information Shared with Affiliates: We may share your Personal Information with Ceras Health affiliates, partners, service providers, or other authorized third parties to provide the information, products, and Services that you or the Customer have requested, or to personalize your experience. These affiliates, partners, service providers, or authorized third parties are restricted to use the Personal Information we share with them only for the limited purposes for which we provide it to them, and to take reasonable measures to protect your Personal Information. We do not knowingly allow third parties to use your Personal Information for purposes other than as set forth in this policy.
  • Information Shared with Third Parties: We may share aggregated, de-identified information with third parties for market analysis, demographic profiling, statistical research, or other similar purposes.
  • Business Transfers: We may share and/or transfer your personal information with other business entities, in connection with the sale, assignment, merger or other transfer of all or a portion of Ceras Health’s business to such business entity.  We will require any such successor business entity to honor the terms of this Policy.
  • Consent: With your consent, we may share your Personal Information with other companies, individuals, or organizations outside of Ceras Health and not covered in this Policy.
  • Polls and Surveys: From time to time, Ceras Health may send you poll and/or survey questions to provide us with feedback on our Service. We may collect any responses and information that you provide in the polls and/or surveys.
  • Testimonials and Endorsements: Ceras Health may use personal testimonials and endorsement of users on our websites, marketing materials, advertising materials, or other reasonable business uses, which may contain such information as the user’s name and location. We will obtain consent of the applicable user prior to using such information. If you provided a testimonial and/or endorsement and wish to update or delete your testimonial and/or endorsement, please contact compliance@corpqa.cerashealth.com.
  • Special Circumstances: There are other limited circumstances in which we may share or transfer your Personal Information to unrelated third parties; including, for example, when we believe disclosure is appropriate to comply with a law, regulatory requirement, court order, or a subpoena; to cooperate with law enforcement or other governmental investigations; to prevent or investigate a possible crime, such as fraud or identity theft; to protect legal rights, property, or safety of you, the Customer, Ceras Health, or its affiliates, subsidiaries, employees, agents, or the public in general; to investigate, prevent or take action regarding violations of our End User License Agreement; or to verify or enforce compliance with the policies governing our Services and with applicable laws, or as otherwise required or permitted by law or consistent with legal requirements.
Cookies Ceras Health may use Session Cookies and/or Persistent Cookies. Ceras Health may use cookies for, including but not limited to the following purposes: authentication purposes, support our security features, or help us understand and improve the Services. You can set your browser to refuse cookies, but some portions of the Services may not work properly if you refuse cookies. To visit without cookies, you can configure your browser to reject all cookies or to notify you when a cookie is set. Please note that each browser is different, so check the help menu of your browser to learn how to change your cookie preferences. Web Beacons Server Logs and IP Addresses “Do Not Track” Signals If you have any questions or concerns about our privacy practices, you may contact us by writing us at: Ceras Health, Inc. ATTN: Privacy 1140 Avenue of the Americas, 21st Floor New York, New York 10036 Or you may email us at: compliance@cerashealth.com