TERMS OF USE 

Purpose Of The App

The intended use of Medly is to support patients with heart failure. The Medly system consists of a patient-facing application as well as a clinician-facing dashboard.

Medly is intended to help you self-manage your heart failure, improve communication between you and your clinician(s), and to improve clinical management by monitoring and sharing health information. The data shared with your clinician(s) includes weight, blood pressure, heart rate, symptoms, medication, and/or lab results. Medly interfaces with commercially available blood pressure monitors and weight scales to capture your readings. Medly also allows you to enter readings manually.

Your clinician has defined personalized goal parameters for you. Based on your goal parameters, daily measures and symptoms, Medly provides automated feedback to you and shares the data with your clinician. The feedback may tell you to contact the clinic, remind you to take a medication at a dose already prescribed by your clinician, or suggest you visit the Emergency Department.

Regulatory

Medly has been evaluated by Health Canada as a Class II Medical Device for the purpose of monitoring a physiological condition, state of health, or illness within Canada. Medly has not been evaluated by the United States Food and Drug Administration (“USFDA”) or other domestic or foreign regulatory agencies and is not approved to diagnose, treat, cure or prevent any disease or for the prescription of any medication or treatment in other jurisdictions.

Disclaimer

The personal information you enter into the application does not become part of your medical record. If you have questions, concerns or corrections regarding the information, please contact your health care team or discuss this with them at your next appointment.

Medly relies on accurate data from multiple sources, including you and readings from your medical device(s). If this information is inaccurate, feedback generated by Medly may be at risk of error. If any information appears incorrect within the application, or if you have any questions regarding your condition, please follow up with your clinician. Never delay obtaining medical advice or disregard medical advice because of something you have or have not read on the application. If you have, or suspect you have, a health problem, or if you experience an adverse side effect, please consult your clinician. If you have, or suspect you are experiencing a health emergency, please call 911 and/or promptly visit a Hospital Emergency Department in your area.

About Us

University Health Network (UHN) is Canada’s leading research academic hospital. Building on the strengths and reputation of each of its programs, UHN brings together the talent and resources needed to achieve global impact and provide exemplary patient care, research and education.

To learn more visit:

For information, questions, or complaints, please write to:

Centre for Global eHealth Innovation
Toronto General Hospital
University Health Network
190 Elizabeth Street
Toronto, ON M5G 2C4
Telephone: 416-340-4800 x 4765
Email: medlysupport@ehealthinnovation.org

Terms and Conditions

A) COPYRIGHT

Medly © 2017 University Health Network.

Developed by the Centre for Global eHealth Innovation (University Health Network)

All rights reserved.

All information in this Application (the “App”) is protected by copyright in Canada and internationally. The App, including all images, photographs, animations, text and other audiovisual materials, and any and all patents, copyrights, moral rights, trademarks, trade secrets and any other form of intellectual property rights recognized in any jurisdiction, including applications and registrations for any of the foregoing embodied therein are owned by University Health Network (“UHN”) or its licensors.  No information can be reproduced or distributed without the prior and express permission of UHN.

B) END USER LICENSE AGREEMENT

Please read the following End User License Agreement (“EULA”), including all disclaimers and terms and conditions of use below, carefully before using the App. By using or accessing this App you acknowledge that you have read, understood and accepted the disclaimers and terms and conditions of use contained in this EULA. If you do not accept any of these disclaimers or terms and conditions, you must not use the App.

Information in this App has been developed by UHN.

1. MEDICAL ADVICE DISCLAIMER.   UHN MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, SUFFICIENCY, OR COMPLETENESS OF THE DATA PROVIDED BY THE APP.  YOU ACKNOWLEDGE AND AGREE THAT THE APP IS INTENDED TO REFLECT THE DIALOG AND INSTRUCTIONS AS DETERMINED BETWEEN YOU AND YOUR HEALTH CARE PROVIDER(S), BUT IS NOT INTENDED TO BE THE SOLE CONDUIT OF INFORMATION.  MEDLY AND YOUR HEALTH CARE PROVIDER(S) RELY ON THE ACCURACY OF THE INPUT DATA PROVIDED BY YOU AND THE INFORMATION CONTAINED IN, OR PRESENTED FROM THE APP IS NOT INTENDED AS A SUBSTITUTE FOR ADVICE, INSTRUCTIONS, TREATMENT DECISIONS AND OTHER MEDICAL ADVICE RECEIVED DIRECTLY FROM YOUR HEALTH CARE PROVIDER, INDEPENDENTLY OF THE APP.  

ANY IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR OTHERWISE IN RESPECT OF THE APP AND/OR ANY MAINTENANCE OR SUPPORT FOR THE APPLICATION IS EXPRESSLY DISCLAIMED.  APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, INCLUDING ANY DOMESTIC LEGISLATION IMPLEMENTING SAME, IS EXPRESSLY DISCLAIMED.

2. DISCLAIMER OF UHN AS HEALTH CARE PROVIDER. UHN expressly disclaims any intention to act as your Health Care Provider by sole virtue of making this App available for your use.  Neither UHN, as an entity, nor any of its staff or contractors will under any circumstance be held liable for consequences caused by or deriving from the use of the App or any information contained in the App solely by virtue of making the App available for your use.  UHN is not liable for damages arising from use of the App, including any that may arise from any defects or viruses (or similarly disruptive elements) caused from downloading or using the App, or from websites (via hyperlinks) to which references are made in the App, nor from information provided in the App or these referred websites.  In no event shall UHN be liable for direct, indirect, consequential, special, exemplary, or other damages related to your use of the App (including any loss of data), regardless of how arising or the theory of liability whether arising in contract, tort, negligence or otherwise.   You are responsible for backing up any data you enter into the Application.  Computer devices may malfunction from time to time and any unsaved data may be lost.

3. Governing Law and Jurisdiction. This EULA shall be interpreted under, and any action or claim arising from or related to the App shall be brought in the courts of, and governed exclusively by, the laws of Ontario, Canada and the applicable laws of Canada applicable therein, without regard to its conflicts of laws principles.  Unless prohibited by applicable law, you expressly waive the right to participate in a class action proceeding.

4. Changes and Updates. UHN reserves the right to update or change information contained in the App without prior notice or prior acceptance.

5. Contact Information. If you have any questions about this EULA or any of its disclaimers, terms or conditions of use or general questions, please contact us using the contact information set out above.

6. Express Consent to Receiving Electronic Messages and Upgrades from UHN. By using the App, I hereby expressly consent to receiving electronic messages from UHN, including alerts and reminders, information, notifications, requests for your feedback, commercial messages, and other communications from UHN and as well as any applicable software updates or upgrades.

 

C) COLLECTION OF DATA

1. Transmission of non-identifying data to UHN. The App collects non-personally identifiable data (which is transmitted back to us) through the App regarding the use of the App in order to better understand use of the App and to help us identify areas for improvement. If you do not consent to the transmission of this data to UHN, then you must not use the App.

2. Transmission of non-identifying data to Bugsnag. The App collects non-personally identifiable data (which is transmitted back to Bugsnag) through the App regarding the use of the App in order to better understand errors generated by the App and to help us identify areas for improvement. If you do not consent to the transmission of this data to Bugsnag, then you must not use the App.

3. Transmission of Identifying Data and PHI. The App also allows users to enter certain personal information and/or personal health information (“PHI”). Your information will only be shared with your health care team and will be used to help them provide care for you. The information you share through the app will be kept in your clinical file, only as long as it is needed. This information may be shared outside of your clinic if it is needed for your clinical care. More information can be found in the Medly Privacy Policy.

4.  PRIVACY DISCLAIMER. THE APP TRANSMITS YOUR PERSONAL INFORMATION AND PERSONAL HEALTH INFORMATION OVER THE INTERNET. INFORMATION TRANSMITTED OVER THE INTERNET MAY BE AT RISK OF INADVERTENT LOSS OR THEFT. UHN CANNOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE APP. BY USING THE APP, YOU AGREE THAT YOUR ACCESS AND USE OF THE APP AND THE CONTENT, INCLUDING BUT NOT LIMITED TO PERSONAL INFORMATION AND PERSONAL HEALTH INFORMATION, IS ENTIRELY AT YOUR OWN RISK AND LIABILITY.

 

D) LIMITED LICENSE

Through your purchase or download, provided that you comply with the terms of this EULA, you are acquiring and UHN grants you a personal, limited, non-exclusive and non-transferable license to install and use the App on your device for personal, non-commercial use and subject to any usage rules set forth by the distributor. This EULA does not entitle you to receive from UHN hard-copy documentation, support, telephone assistance or enhancements or updates to the App.

 

E) APPLE SPECIFIC TERMS 

1. Limited License. Through your purchase or download, provided that you comply with the terms of this EULA, you are acquiring and UHN grants you a personal, limited, non-exclusive and non-transferable license to install and use the App on authorized Apple Device(s) for personal, non-commercial use and subject to the Usage Rules set forth in Apple’s App Store Terms and Conditions. Authorized Apple Device(s) are those that you own or control, or as permitted by the App Store Terms of Services as of the effective date, except that the App may be accessed, acquired, and used by other accounts associated with you via Family Sharing.  This EULA does not entitle you to receive from UHN hard-copy documentation, support, telephone assistance or enhancements or updates to the App.

2. No Apple Warranty. We both agree that this EULA is concluded between you and UHN, and that Apple is not responsible for the App, its content and/or for the provision of any maintenance and support services regarding the App.  No warranties are provided by Apple.  In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the App (if any); and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and no liability for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.

3. Apple Disclaimer. Apple shall not be responsible for any claims by you or any third party relating to App and/or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection laws or similar legislation; and (iv) claims by any third party that the App or your possession and use of the App infringes on the intellectual property rights of the third party.

4. Your Location. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.

5. Third Party Terms. You agree that you will comply with any applicable third party terms of agreement when using the App.

6. Enforcement. You agree that Apple and Apple’s subsidiaries are third party beneficiaries of this EULA and that upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.

 

OPEN SOURCE LIBRARIES

Portions of this application were derived from various Open Source libraries and are used under the following terms:

Android:

  • Android Support Library © 2011 Google LLC. Under the Apache license 2.0.
  • Android Lifecycle Components © 2017 Google LLC. Under the Apache license 2.0.
  • Apache Commons © 2001 Apache Software Foundation. Under the Apache license 2.0.
  • Bugsnag © 2012 Bugsnag. Used under the MIT license.
  • Butterknife © 2013 Jake Wharton. Used under the Apache license 2.0.
  • Google Guava © 2009 Google LLC. Under the Apache license 2.0.
  • Gson © 2008 Google LLC. Under the Apache license 2.0.
  • HAPI FHIR © 2014 University Health Network. Under the Apache license 2.0.
  • Jackson © 2009 FasterXML. Used under the Apache license 2.0.
  • Jackson-Mapper-ASL © 2009 Codehaus. Under the Apache license 2.0.
  • Joda-Time © 2002 JodaOrg. Under the Apache license 2.0.
  • MPAndroidChart © 2018 Philipp Jahoda. Used under the Apache license 2.0.
  • OkHttp © 2016 Square, Inc. Used under the Apache license 2.0.
  • Realm © 2014 Realm Inc. Used under the Apache license 2.0.
  • Retrofit © 2013 Square, Inc. Used under the Apache license 2.0.
  • RxJava © 2015 RxJava Contributors. Used under the Apache license 2.0.
  • Timber © 2013 Jake Wharton. Used under the Apache license 2.0.

 

iOS:

  • Bugsnag © 2012 Bugsnag. Under the MIT license.
  • CleanroomLogger © 2009-2015 Gilt Group, Inc. Under the MIT License.
  • Realm © 2011-2017 Realm, Inc. Under the Apache License 2.0.
  • FireKit © 2017 Ryan Baldwin.
  • Fhir-Parser © 2015 Boston Children’s Hospital. Under the Apache License 2.0.
  • Gloss © 2017 Harlan Kellaway. Under the MIT License.
  • Reachability © 2016 Ashley Mills. Under the MIT License.