Terms and Conditions
SCRENR HEALTHYOU SHOULD CAREFULLY READ THE LINKED PATIENT USER TERMS OF USE (the “Terms”) BEFORE
USING THE SCRENR MOBILE APPLICATION (the “App”), SCRENR WEB-BASED PLATFORM (the
“Platform”), AND SCRENR REMOTE THERAPEUTIC MONITORING SERVICES (“RTM Services”). The App,
Platform, and RTM Services, including all relevant content and functionality associated with the App,
Platform, and RTM Services, are collectively referred to as the “Services.”
BY CREATING A USER ACCOUNT AND USING THE SERVICES, YOU ARE CONSENTING TO BE BOUND BY
THE TERMS. IF YOU DO NOT AGREE TO ACCEPT THE TERMS, DO NOT LOG IN TO OR USE THE SERVICES.\
Any information that SCRENR Health (“SCRENR” or “We”) collects through Your use of the Services is
subject to the Privacy Policy, which is part of these Terms.By continuing to use the Services, You agree as follows:
1. You are at least 18 years old or have been legally emancipated;
2. You understand and agree that these Terms are a legally binding agreement and the equivalent of a signed, written contract;
3. You will use the Services in a manner consistent with applicable laws and regulations and these Terms, as they may be amended by SCRENR from time to time; and
4.You understand, accept, and have received these Terms and the Patient User Privacy Policy, and
acknowledge and demonstrate that You can access these Terms and the Patient User Privacy
Policy at will.
If You do not agree with and accept the Terms, please discontinue all further use of the Services. Do
not continue the installation process and immediately delete all installed files, if any, of the App and
Platform from Your device(s).
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES
DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND SCRENR WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU CAN OPT-OUT OF THE ARBITRATION AGREEMENT BY CONTACTING SUPPORT@SCRENRHEALTH.COM WITHIN 30 DAYS OF ACCEPTING THESE TERMS.
Terms and Conditions
These Patient User Terms of Use (“Patient User Terms of Use” or “Terms”) are a legal contract between you (“You/Your” or “User”) and SCRENR Health (“Us” or “We” or “Our” or “SCRENR”).
SCRENR is the creator of the SCRENR mobile application (the “App”) and the SCRENR web-based
platform (the “Platform”), and provides access to remote therapeutic monitoring services (“RTM
Services”). SCRENR’s App, Platform, and RTM Services, including all relevant content and functionality
associated with the App, Platform, and RTM Services, are collectively known as the “Services”. These
Terms govern Your use of the Services and apply to individuals accessing the Services. By accepting
these Terms and using the Services, You acknowledge that You have read, understand, and agree to
these Terms and Our Patient User Privacy Policy. Any capitalized terms not defined in these Terms are
defined in the Patient User Privacy Policy.
WHAT ARE THE SERVICES?
Overview of Services.The App and Platform are intended to provide a convenient platform for Patient Users to use to collect
and transmit their healthcare data to their healthcare providers. The Services are not intended to be
used to identify emergencies.You may access and use the Services only in accordance with these Terms, and You agree to comply with all applicable laws, rules, and regulations, including any other policies incorporated into these Terms,
such as Our Patient User Privacy Policy.
WHAT DOES SCRENR NOT PROVIDE?
We DO NOT provide medical advice.
By accepting these Terms, You agree and acknowledge that We do not provide medical advice. Our role
is limited to supporting and facilitating Your access to these products and services via Our Platform and
App. YOU AGREE AND ACKNOWLEDGE THAT SCRENR IS IN NO WAY PROVIDING DIAGNOSIS OR
TREATMENT TO YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE INFORMATION, PROCESSES,
PRODUCTS, AND OTHER ITEMS REFERENCED AS PART OF THE SERVICES ARE NOT INTENDED AS A
RECOMMENDATION OR ENDORSEMENT BY SCRENR OF ANY COURSE OF ACTION, INFORMATION, OR
PRODUCT. WE EXPLICITLY DISCLAIM THE CREATION OF A PROVIDER-PATIENT RELATIONSHIP WITH YOU.
THE SERVICES CANNOT AND ARE NOT DESIGNED, INTENDED, OR APPROPRIATE TO REPLACE THE
RELATIONSHIP BETWEEN HEALTH CARE PROFESSIONALS AND PATIENTS OR TO ADDRESS SERIOUS, EMERGENT, OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE
CIRCUMSTANCES.
If at any time You believe or suspect or someone else advises You that You have a serious or life-
threatening condition, call 9-1-1 in areas where that service is available, or go to the nearest
emergency room.
Any medical advice provided by a provider and/or clinician (a “Provider User”) using information from
the Services is based on the personal health data You provide. If You do not provide complete and
accurate personal health information, the medical advice You receive may not be accurate or
appropriate. Questions and information collected through the Services are designed for informational
purposes and to identify potential patterns in symptomologies and treatments. The Services and/or any
data derived from the Services are in no way intended to replace the independent clinical judgment of a
qualified healthcare professional. FURTHER, A PROVIDER USER’S USE OF OUR SERVICES IS NOT AN
ENDORSEMENT OR RECOMMENDATION OF SUCH PROVIDER BY US.
We do not confirm the credentials of any Provider User. We do not validate that any such persons are in
good standing with their respective licensure board(s) or that they are using the Services in accordance
with laws applicable to the practice of their profession. It is YOUR responsibility to separately confirm
that Your associated Provider User is in good standing with their respective licensing board(s) and to
exercise whatever other due diligence You feel is appropriate in selecting and maintaining Your choice of
Provider User and/or other healthcare professionals.
General information available through the Services about medical conditions, symptomology, available drugs, treatment options, and other educational articles and videos is provided for general
educational purposes only. Never disregard, avoid, or delay obtaining medical advice from a physician
or other qualified healthcare professional because of something contained in the Services.
WHO IS ELIGIBLE TO USE THE SERVICES?
You must register to create an account (“User Account”) and become a registered user to access the Services. The registration process begins when Your provider enters Your demographic information (e.g., name, email address, contact information) in the Platform. From there, You will receive a confirmation email. Afterwards, you can login to the app to use services using your phone number. You may change or correct information in Your account by contacting SCRENR at support@screnrhealth.com You agree not to register for a User Account on behalf of an individual other than Yourself unless You are legally authorized to bind such person to these Terms. By registering another person, You hereby represent that You are legally authorized to do so.
By getting registered for an account and using the Services, You represent and warrant as follows:
1. You are at least 18 years old and are otherwise legally qualified to enter into and form contracts under applicable law;
2. Your Registration Data is true, accurate, current, and complete;
3. You can update your Registration Data in the app as needed to maintain its accuracy;
4. You are not authorized to create a User Account without provider’s consultancy (either for Yourself or another person);
5. You acknowledge and agree to the terms of the Patient User Privacy Policy;
6. You are legally authorized to view and share with Us health data and other Personal Data (as
that term is defined in the Patient User Privacy Policy); and
7. You are not located in a country that is subject to a U.S. Government embargo or that is designated by the U.S. Government as a “terrorist supporting” country, and You are not listed on any U.S. Government list of prohibited or restricted parties.
NOTE: THIS AGREEMENT IS VOID WHERE PROHIBITED BY LAW. DO NOT USE THE SERVICES WHERE
PROHIBITED BY LAW. YOU UNDERSTAND THAT YOUR USE OF THE SERVICES MAY INVOLVE OR REQUIRE
THE TRANSMISSION OF SIGNIFICANT AMOUNTS OF DATA. YOU ARE RESPONSIBLE FOR ALL DATA
CHARGES THAT MAY BE CHARGED BY YOUR WIRELESS CARRIER OR INTERNET SERVICE PROVIDER OR
THAT MAY OTHERWISE ARISE FROM YOUR USE OF THE SERVICES.
HOW WILL SCRENR NOTIFY YOU OF CHANGES TO THESE TERMS?
With the exception of the Arbitration Agreement (see the “Dispute Resolution” section) included near
the end of these Terms, SCRENR reserves the right to change or modify these Terms at any time without
prior notice to You. If We materially change or modify these Terms, We will let You know by (i) sending
You an email (in each case to the address that You provide); and/or (ii) by posting a notice to the App.
If You continue to use the Services after We have informed You of the changes, You agree to be bound
by the modified Terms. If You do not accept the changes, You should immediately stop using the
Services and delete all files associated with the Services on Your computer and/or mobile device.
WHO OWNS THE SERVICES AND PERSONAL DATA?
Services Ownership and Use.
SCRENR owns the Services, including all content and functionality You access through the Services.
Subject to Your compliance with these Terms, SCRENR grants You a non-exclusive, non-sublicensable,
revocable, non-transferable license to use the Services by downloading and installing the App on Your
device.
THE SERVICES ARE FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY AND YOU MAY NOT
RESELL OR SUBLICENSE YOUR ACCESS TO THE SERVICES. You may not use the Services for any other
purpose than what is allowed under these Terms without SCRENR’s express written permission.
You may not use SCRENR’s name, trademarks, service marks, or logos, or those of third parties
appearing on the Services in any advertising or publicity or to otherwise indicate SCRENR’s or such third
party’s sponsorship or affiliation with any product or service without express written permission from
SCRENR or such third party.
Personal Data Ownership and Use.
You own Your Personal Data and any other information You submit on or through the Services
(collectively, “Patient Information”). If You are entering someone else’s information into the Services,
You represent and warrant that You have permission to do so. For Us to provide You with the Services,
You grant to SCRENR a perpetual, non-exclusive, fully paid and royalty-free, transferable, sublicensable,
worldwide license to use Your Patient Information for the purpose of providing the Services, subject to
the restrictions in the Patient User Privacy Policy. You also agree to allow SCRENR to de-identify and
anonymize Your Patient Information, including, without limitation, Your personal health information in
accordance with Our Patient User Privacy Policy, and to use or disclose such de-identified information
for any purpose.
App Store & Google Play.
If You downloaded the App from the Apple App Store or Google Play (the “App Provider”), by agreeing
to these Terms, You acknowledge that You understand and agree to the following:
1. The Terms are only between You and SCRENR, and not between You and the App Provider. Only
SCRENR is responsible for the App (not the App Provider);
2. The App Provider has no obligation to furnish any maintenance or support services with respect
to the App;
3. In the event of any failure of the App to conform to any applicable warranty: (i) You may notify
the App Provider and the App Provider will refund the purchase price for the App to You (if
applicable); (ii) to the maximum extent permitted by applicable law, the App Provider will have
no other warranty obligation whatsoever with respect to the App, and (iii) any other claims,
losses, liabilities, damages, costs or expenses attributable to any failure to conform to any
warranty will be Our responsibility;
4. The App Provider is not responsible for addressing any claims You have or any claims of any
third party relating to the App or Your possession and 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; and (iii) claims arising under consumer protection or similar
legislation;
5. In the event of any third-party claim that the App or Your possession and use of the App
infringes that third party’s intellectual property rights, the App Provider will not be responsible
for the investigation, defense, settlement, or discharge of any such intellectual property
infringement claim; and
6. The App Provider, and its subsidiaries, are third party beneficiaries of this Agreement as it
relates to Your license of the App. This means that, upon Your acceptance of these Terms, the
App Provider will have the right (and will be deemed to have accepted the right) to enforce
these Terms as related to Your license of the App against You.
Apple users only: If You downloaded the App from the App Store, the license granted to You in these
Terms is non-transferable and is for use of the App on any Apple products that You own or control.
WHAT ARE YOU NOT ALLOWED TO DO WITH THE SERVICES?
You may use the Services only for lawful purposes and in accordance with these Terms. In addition, We
impose certain restrictions on Your use of the Services. While using the Services, You shall not:
1. Provide false, misleading, or inaccurate information to Us or any other user;
2. Use the Services (i) for any commercial purpose; (ii) for the benefit of any third party; or (iii) in
any manner not permitted by these Terms;
3. Impersonate or attempt to impersonate Us, one of Our employees, another user, or any other
person or entity (including, without limitation, by using e-mail addresses or screen names associated
with any of the foregoing);
4. Use or attempt to use any manual process, engine, software, tool, agent, or other device or
mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to
harvest, monitor, or otherwise collect information from the Services for any use, including, without
limitation, use on third-party websites, without Our consent;
5. Use the Services in any manner that could disable, overburden, damage, or impair the Services
or interfere with any other party’s use of the Services, including their ability to use the Services;
6. Access content or data not intended for You, or log onto a server or account that You are not
authorized to access;
7. Violate 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 U.S. or other
countries);
8. Attempt to probe, scan, or test the vulnerability of the Services or any associated system or
network, or breach security or authentication measures without proper authorization;
9. Interfere or attempt to interfere with the use or functionality of the Services by any other user,
host, or network, including, without limitation, by means of submitting a virus, trojan horse, worm,
logic bomb or other material which is malicious or technologically harmful, overloading, “flooding,”
“spamming,” “mail bombing,” or “crashing”;
10. Forge any TCP/IP packet header or any part of the header information in any e-mail or in any
uploading or posting to, or transmission, display, performance, or distribution by means of, the
Services;
11. Post or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain
letters,” “pyramid schemes,” or any other form of solicitation;
12. Post, upload, publish, submit, or transmit any content that: (i) infringes, misappropriates, or
violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual
property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would
violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false,
misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive;
(v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or
group; (vi) is violent or threatening or promotes violence or actions that are threatening to any
person or entity; or (vii) promotes illegal or harmful activities or substances;
13. Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to
inappropriate content, asking for personally identifiable information, or otherwise;
14. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Us, You, or any other third-party (including another user) to protect the Services;
15. Attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt
to reduce to a human-perceivable form any of the source code used by Us in providing the Services.
Any violation of this section may subject You to civil and/or criminal liability;
16. Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services,
or which, as determined by Us, may harm Us or users of the Services or expose them to liability, or
otherwise interfere with or attempt to interfere with the proper working of the Services; or
17. Encourage or enable any other individual to do any of the above.
SCRENR is not obligated to monitor Your use of the Services, but We may do so to ensure Your
compliance with these Terms, and/or to respond to law enforcement or other government agencies if
and when We are required to. SCRENR reserves the right to suspend or terminate Your use of the
Services without notice to You if You engage in any of the prohibited uses described above.
HOW SHOULD YOU PROTECT YOUR LOGIN INFORMATION?
The Services are designed to require users to create a username and password to access and use the
Services. Your username and password are, collectively, Your “User Credentials.” You are solely
responsible for (i) maintaining the strict confidentiality of Your User Credentials, (ii) not allowing another
person to use Your User Credentials to access the Services, and (iii) any and all damages or losses that
may be incurred or suffered as a result of any activities that occur under Your User Credentials,
regardless of whether You were aware of those activities. You agree to immediately notify SCRENR in
writing by email of any unauthorized use of Your User Credentials or any other compromise of the
security of Your User Account.
WE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU INCUR AS A RESULT OF SOMEONE ELSE USING YOUR
PASSWORD, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. WE ARE NOT AND SHALL NOT BE LIABLE
FOR ANY HARM ARISING FROM OR RELATING TO THE THEFT OF YOUR USER CREDENTIALS AND/OR ANY RESULTING ACCESS TO YOUR PERSONAL DATA, YOUR DISCLOSURE OF YOUR USER CREDENTIALS, OR THE USE OF YOUR USER CREDENTIALS BY ANOTHER PERSON OR ENTITY REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE.
You may be held liable for any losses incurred by SCRENR and/or its affiliates, officers, directors, and
representatives due to someone else’s use of Your User Account or password, regardless of whether
You were aware of such use.
HOW DOES SCRENR PROTECT YOUR PRIVACY?
SCRENR values Your privacy and is committed to keeping Your Personal Data confidential. Please see
Our Patient User Privacy Policy for an explanation of Our privacy practices, the data We collect from
You, how We use that data, and Your rights regarding Your data. By clicking “I Agree,” accessing or using
the Services, or by downloading, viewing, or uploading any content through the Services, You acknowledge and agree to the provisions of the Patient User Privacy Policy and affirm that the Patient
User Privacy Policy is a part of these Terms.
By using the Services and accepting these Terms, You further acknowledge that SCRENR may share Your
Personal Data with other users, including Your designated Provider User. We may share Your
information with third parties as described in the Patient User Privacy Policy, and will seek Your consent
before doing so where required by law.
We are not responsible for nor liable to You or any third party for a third party’s treatment of Personal
Data, including any collection, use, disclosure, storage, loss, theft, or misuse of Personal Data, whether
or not such treatment violates applicable law.
Please be aware that Our Patient User Privacy Policy does not address how Provider Users with whom
You share information collected, generated, or stored via the Services may further use and disclose Your
health information. That Provider User’s Notice of Privacy Practices should be publicly available.
SCRENR’s Patient User Privacy Policy does not apply to the collection, use, disclosure, or treatment of
Your Personal Data directly by any provider, clinician, caregiver, or other healthcare professional and/or
entity. You expressly acknowledge and agree that SCRENR is neither responsible for nor liable to You or
any third party for the treatment of Your Personal Data by any such individual or entity, including any
collection, use, disclosure, storage, loss, theft, or misuse of Your Personal Data, whether or not such
treatment violates applicable law or the provider’s Notice of Privacy Practices.
COMPUTER EQUIPMENT AND INTERNET ACCESS
You are responsible for obtaining, installing, maintaining, and operating all software, hardware, or other
equipment (collectively, “Systems”) necessary for You to access and use the Services. This includes,
without limitation, obtaining Internet services, using up to date web-browsers and the best
commercially available encryption, antivirus, anti-spyware, and internet security software, where
applicable. You are responsible for the data security of the Systems used to access the Services and for
the transmission and receipt of information using such Systems. We are not responsible for any errors
or problems that arise from the malfunction or failure of the Internet or Your Systems.
THERE ARE ALWAYS CERTAIN SECURITY AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING
OPEN NETWORKS SUCH AS THE INTERNET, AND YOU EXPRESSLY ASSUME SUCH RISKS.
OPTING OUT OF COMMUNICATIONS FROM SCRENR
We may send communications, including emails, to You regarding Your User Account and the Services.
You can choose to filter any User Account and Services emails using Your email settings, but We do not
provide an option for You to opt out of these communications.
If You consent to receive marketing or other communications not related to Your User Account or the
Services, We will provide You with the option to opt out of such marketing communications within the
applicable message.
THIRD PARTIES AND THIRD-PARTY SITES
Third-Party Websites.
In the course of using the Services, You may be introduced to areas or features of the Services that allow
You to access website that do not belong to and are not controlled by Us (collectively, “Third-Party
Sites”). If You choose to access one of these Third-Party Sites, You will leave Our App or Platform and be
redirected to an environment owned and controlled by an external third party. You acknowledge and
agree that the Third-Party Sites may have different privacy policies, terms of use, user guides, and/or
business practices (collectively, “Third-Party Rules”) than Us, and that Your use of such Third-Party Sites
is governed exclusively by the respective Third-Party Rules. We provide links to Third-Party Sites to You
as a convenience, and We do not verify, make any representations, or take responsibility for such Third-
Party Sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the
content, application, links displayed, and/or any other activities conducted on or through such Third-
Party Sites.
YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY
OR INDIRECTLY, FOR ANY GOODS, SERVICES, BUSINESS PRACTICES, INFORMATION, RESOURCES,
APPLICATIONS, AND OTHER CONTENT (“Third Party Matters”) AVAILABLE ON OR THROUGH ANY THIRD-
PARTY SITES 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 THIRD PARTY MATTERS.
Any reference in the Services to any product, service, publication, institution, organization of any third-
party entity, or individual does not constitute or imply Our endorsement or recommendation.Third-Party Services.To the extent any features, aspects, products, or services offered through the Services are provided, in
whole or in part, by third parties (“Third-Party Services” as provided by “Third-Party Service
Providers”), You may be subject to additional terms and conditions. To the extent applicable, You will
receive a notification and have the opportunity to accept such terms and conditions. IF YOU DO NOT
UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THOSE ADDITIONAL TERMS AND CONDITIONS, DO
NOT USE THE RELATED THIRD-PARTY SERVICES.
YOUR REPRESENTATIONS AND WARRANTIES
In addition to other representations and warranties contained throughout the Terms, You represent and
warrant that Your use of the Services will be in accordance with these Terms and all applicable laws,
regulations, rules, and SCRENR policies and procedures (to the extent such policies and procedures are
communicated to You). Specifically, YOU REPRESENT AND WARRANT THAT YOU ARE LEGALLY
AUTHORIZED TO SHARE PERSONAL DATA (BELONGING TO YOURSELF OR OTHERS ON WHOSE BEHALF
YOU ARE SUBMITTING SUCH PERSONAL DATA) WITH US.
WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY
No Warranties.
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WITHOUT LIMITING THE FOREGOING, SCRENR EXPLICITLY DISCLAIMS ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT,
AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SCRENR MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN
UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SCRENR MAKES NO WARRANTY REGARDING THE
QUALITY OF ANY PRODUCTS, APPLICATIONS, OR MATERIALS ACCESSED OR PURCHASED THROUGH THE
APPLICATION OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SCRENR OR THROUGH
THE APPLICATION OR MATERIALS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE
TERMS.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THE
SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF
YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, PROVIDER USERS OR AUTHORIZED
THIRD PARTIES.
YOU UNDERSTAND THAT SCRENR DOES NOT TAKE RESPONSIBILITY FOR SCREENING OR INQUIRY INTO
THE BACKGROUND OF ANY USERS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, PROVIDE
USERS, NOR DOES SCRENR VERIFY OR TAKE RESPONSIBILITY FOR THE STATEMENTS OF ANY SUCH USERS OF THE SERVICES. SCRENR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, PROVIDER USERS.
SCRENR CANNOT ALWAYS FORESEE OR ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES THAT MAY
RESULT IN FAILURE TO OBTAIN DATA OR LOSS OF DATA, PERSONALIZATION SETTINGS, OR OTHER
SERVICE INTERRUPTIONS. SCRENR CANNOT ASSUME RESPONSIBILITY FOR THE TIMELINESS, ACCURACY,
DELETION, NON-DELIVERY OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS, OR
PERSONALIZATION SETTINGS. IT IS YOUR RESPONSIBILITY TO BACK UP ANY INFORMATION YOU ENTER
INTO THE APP OR PLATFORM.
Your Responsibility for Loss or Damage.
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD SCRENR OR
ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR
ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING,
WITHOUT LIMITATION, ANY LOSS OR DAMAGE TO ANY OF YOUR DEVICES OR DATA.
Limitation of Liability.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE
RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER
SCRENR NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR APPLICATIONS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SCRENR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.
IF YOU ARE DISSATISFIED WITH THE SERVICES OR THESE TERMS, YOUR ONLY REMEDY IS TO
DISCONTINUE USING THE SERVICES.
FOR THE AVOIDANCE OF DOUBT, IF YOU ARE DISSATISFIED WITH THE HEALTHCARE SERVICES YOU ARE
RECEIVING FROM A PROVIDER, YOU MAY HAVE ADDITIONAL REMEDIES REGARDING THE PROVISION OF
HEALTHCARE SERVICES.
YOU ACKNOWLEDGE THAT IF YOU USE THE SERVICES DURING OR IN RELATION TO AN EMERGENT,
SERIOUS, OR LIFE-THREATENING CONDITION, SUCH USE IS AT YOUR SOLE RISK. SCRENR IS NOT LIABLE
TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON
INFORMATION INCLUDED AS PART OF THE SERVICES.
SCRENR IS NOT LIABLE TO ANY USER OR PERSON FOR ANY HARM CAUSED BY THE NEGLIGENCE OR
MISCONDUCT OF ANY PROVIDERS OR CLINICIANS/CAREGIVERS, WHETHER OR NOT RELYING UPON
INFORMATION COLLECTED, GENERATED, OR STORED VIA THE SERVICES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU. IN SUCH STATES, SCRENR’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE
GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00. ANY CLAIM ARISING
FROM THE USAGE OF THE SERVICES MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE OCCURRENCE
OF THE EVENT FROM WHICH THE CLAIM AROSE.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SCRENR AND ITS REPRESENTATIVES
FROM ANY LIABILITY, LOSS, CLAIM, SUIT, DAMAGE, AND EXPENSE (INCLUDING REASONABLE
ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE SERVICES, YOUR VIOLATION OF THESE TERMS, OR ANY NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR RELATED TO YOUR USER ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES THROUGH YOUR USER ACCOUNT, REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE.
PROVIDING FEEDBACK TO SCRENR
We welcome and encourage You to provide feedback, comments, and suggestions for improvements to
the Services (“Feedback”). You may submit Feedback by e-mailing Us at support@screnrhealth.com, You
acknowledge and agree that if You submit any Feedback to Us, You grant to Us a non-exclusive,
worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under
any and all intellectual property rights that You own or control to use, copy, modify, create derivative
works based upon, and otherwise exploit the Feedback for any purpose.
USER ACCOUNT TERMINATION
If You breach any of these Terms, We may suspend or disable Your User Account or terminate Your
access to the Services without prior notice to You. There may be other instances where We may need to
terminate Your access to the Services that are not related to any of Your actions or inactions. We
reserve the right to terminate Your access to and use of the Services and materials at any time, with or
without cause.
If You wish to terminate Your User Account, please contact SCRENR at support@screnrhealth.com,
immediately discontinue Your use of the Services, and delete all files associated with the Services from
Your computer or mobile device.
DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS
You agree that any dispute between You and SCRENR arising out of or relating to these Terms will be
governed by the dispute resolution procedure outlined below. We want to address Your concerns
without needing a formal legal case, so We have included a tiered dispute resolution process. This
Dispute Resolution section may be modified by written agreement between You and SCRENR.
Informal Dispute Resolution.
Before filing a claim against SCRENR, You agree to try to resolve the dispute informally by contacting
support@screnrhealth.com. Most user concerns can be resolved quickly and to Your satisfaction
through email.
Arbitration Agreement.
In the unlikely event that Our support team is unable to resolve a complaint You may have (or if We
have not been able to resolve a dispute with You after attempting to do so informally), including, but
not limited to, any alleged breach of these Terms, You agree to resolve the dispute through binding
arbitration. Arbitration, which is often less expensive, faster, and less formal than a lawsuit in court, uses
a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a
court can award, and may, but do not have to, award legal fees, arbitrator’s fees and costs, and other
costs incurred by the party that does not win the dispute. You agree that any dispute will be exclusively,
fully, and finally resolved using binding arbitration through the American Health Lawyers Association
(“AHLA”).
Arbitration Procedure.
You and SCRENR agree to employ three (3) arbitrators (the “Panel”), where one arbitrator (1) is selected
by You, one (1) arbitrator is selected by SCRENR, and the third (3rd) arbitrator is selected by mutual
consent of You and SCRENR. If You and SCRENR cannot agree upon the third arbitrator, the first two (2)
arbitrators chosen shall select the third arbitrator. The selection decision shall be binding.
The arbitration shall be conducted by telephone, online, and/or be solely based on written
submissions—the specific manner to be chosen by the party initiating the arbitration. The arbitration
shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed
by the parties. Any judgment on the award rendered by the Panel may be entered in any court of
competent jurisdiction.
Any claim or dispute arising under these Terms must be initiated by arbitration within two (2) years from
its accrual date. Any claim or dispute initiated two (2) years or longer from its accrual date shall be time-
barred and dismissed.
Cost of Arbitration.
You and SCRENR shall each pay 50% of all mediator and/or arbitrator costs, expenses, and fees incurred
in connection with mediating and/or arbitrating under these Terms.
Exceptions to Agreement to Arbitrate.
SCRENR may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services
or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or
patent rights) without first engaging in the informal dispute-resolution process described above.
YOU MAY ONLY RESOLVE DISPUTES WITH SCRENR ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A
CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION
WITH OTHER ARBITRATIONS ARE NOT ALLOWED UNDER THESE TERMS.
Opt Out of Alternative Dispute Resolution Process
Notwithstanding the above, You can decline or “opt out” of the alternative dispute resolution process
described above by contacting support@screnrhealth.com within 30 days of first accepting these
Terms and stating that You (first and last name) decline this dispute resolution process.
YOU UNDERSTAND AND AGREE THAT, BY NOT OPTING OUT OF THE ALTERNATIVE DISPUTE
RESOLUTION PROCESS DESCRIBED, YOU WAIVE ANY RIGHT TO A JURY TRIAL TO WHICH YOU MAY
OTHERWISE BE ENTITLED IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING
OUT OF OR RELATED TO THESE TERMS.
If You opt out of the dispute resolution process described in this section, or if any matter is otherwise
determined not to be subject to such dispute resolution process, You submit to the exclusive jurisdiction
of any state or federal court sitting in the State of Delaware within twenty-five (25) miles of Wilmington,
Delaware in any legal proceeding arising out of or relating to these Terms. You agree that any and all
claims and matters arising out of these Terms, unless subject to the dispute resolution process described
above, may be heard and determined in any such court, and You hereby waive any right to object to
such filing on grounds of improper venue, forum non-conveniens, or other venue-related grounds,
unless such objection asserts that the claim or matter in dispute is subject to determination through the
dispute resolution process described above.
GENERAL CONTRACT TERMS
Entire Agreement.
These Terms, the Patient User Privacy Policy, and any other terms incorporated by reference, constitute
the entire and exclusive understanding and agreement between SCRENR and You regarding the Services,
and these Terms supersede and replace any and all prior oral or written understandings or agreements
between SCRENR and You regarding the Services.
Governing Law.
These Terms shall be governed by the laws of the State of Delaware without reference to its conflict of
laws provisions.
Assignment.
You may not assign or transfer these Terms, by operation of law or otherwise, without SCRENR’s prior
written consent. Any attempt by You to assign or transfer these Terms, without such consent, will be
null and of no effect. SCRENR may assign or transfer these Terms, at its sole discretion, without
restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their
successors, and permitted assigns.
Notices.
Any notices or other communications permitted or required under these Terms, including those
regarding modifications to these Terms, will be in writing and given: (i) by SCRENR via email (in each case to the address that You provide); and/or (ii) by posting to the App. For notices made by email, the
notice will be effective as of the date the notice is first transmitted. You agree that any notice received
from SCRENR electronically satisfies any legal requirement that such notice be in writing. YOU ALONE
ARE RESPONSIBLE FOR ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH SCRENR IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING OF AN EMAIL TO THE ADDRESS WE HAVE ON FILE.
You shall give any notice to SCRENR by email to: support@screnrhealth.com Notice to SCRENR shall be
effective upon receipt of notice by SCRENR.
No Inadvertent Waiver.
The failure of SCRENR to enforce any right or provision of these Terms will not constitute a waiver of
future enforcement of that right or provision. The waiver of any such right or provision will be effective
only if in writing and signed by a duly authorized representative of SCRENR.
Severability.
If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining
provisions of these Terms remain in full force, provided that the essential terms and conditions remain
valid, binding, and enforceable and the economic and legal substance of the transactions contemplated
by these Terms are materially preserved.
Intellectual Property Rights.
“Intellectual Property Rights” means all intellectual property rights or similar proprietary rights,
including (i) patent rights and utility models, (ii) copyrights and database rights, (iii) trademarks, trade
names, domain names and trade dress and the goodwill associated therewith, (iv) trade secrets, (v)
mask works, and (vi) industrial design rights; in each case, including any registrations of, applications to
register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world.
As between You and Us, all right, title, and interest, including all Intellectual Property Rights, in the
Services, any related materials, logos, products, and documentation, and any other property or
materials furnished or made available hereunder, and all modifications and enhancements thereof,
belong to and are retained solely by SCRENR or its licensors, vendors, and affiliates, as applicable. All
rights not expressly granted are reserved by Us. Any use of the Services not expressly permitted by
these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
Remedies.
Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under
these Terms will be without prejudice to its other remedies under these Terms or otherwise. If, for any
reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable,
that provision will be enforced to the maximum extent permissible, and the other provisions of these
Terms will remain in full force and effect.
Contacting SCRENR.
Please feel free to contact Us if You have any questions about these Terms and/or any other documents
referenced in these Terms. You may contact Us at support@screnrhealth.com.
