1.0Medical Office Forcehttps://www.medicalofficeforce.com/esJudah Coodyhttps://www.medicalofficeforce.com/es/author/judahchws/rich600338<blockquote class="wp-embedded-content" data-secret="MvloaNEw4E"><a href="https://www.medicalofficeforce.com/es/software-license-and-general-terms/">Software License and General Terms</a></blockquote><iframe sandbox="allow-scripts" security="restricted" src="https://www.medicalofficeforce.com/es/software-license-and-general-terms/embed/#?secret=MvloaNEw4E" width="600" height="338" title="“Software License and General Terms” — Medical Office Force" data-secret="MvloaNEw4E" frameborder="0" marginwidth="0" marginheight="0" scrolling="no" class="wp-embedded-content"></iframe><script type="text/javascript"> /* <![CDATA[ */ /*! This file is auto-generated */ !function(d,l){"use strict";l.querySelector&&d.addEventListener&&"undefined"!=typeof URL&&(d.wp=d.wp||{},d.wp.receiveEmbedMessage||(d.wp.receiveEmbedMessage=function(e){var t=e.data;if((t||t.secret||t.message||t.value)&&!/[^a-zA-Z0-9]/.test(t.secret)){for(var s,r,n,a=l.querySelectorAll('iframe[data-secret="'+t.secret+'"]'),o=l.querySelectorAll('blockquote[data-secret="'+t.secret+'"]'),c=new RegExp("^https?:$","i"),i=0;i<o.length;i++)o[i].style.display="none";for(i=0;i<a.length;i++)s=a[i],e.source===s.contentWindow&&(s.removeAttribute("style"),"height"===t.message?(1e3<(r=parseInt(t.value,10))?r=1e3:~~r<200&&(r=200),s.height=r):"link"===t.message&&(r=new URL(s.getAttribute("src")),n=new URL(t.value),c.test(n.protocol))&&n.host===r.host&&l.activeElement===s&&(d.top.location.href=t.value))}},d.addEventListener("message",d.wp.receiveEmbedMessage,!1),l.addEventListener("DOMContentLoaded",function(){for(var e,t,s=l.querySelectorAll("iframe.wp-embedded-content"),r=0;r<s.length;r++)(t=(e=s[r]).getAttribute("data-secret"))||(t=Math.random().toString(36).substring(2,12),e.src+="#?secret="+t,e.setAttribute("data-secret",t)),e.contentWindow.postMessage({message:"ready",secret:t},"*")},!1)))}(window,document); //# sourceURL=https://www.medicalofficeforce.com/wp-includes/js/wp-embed.min.js /* ]]> */ </script>Software License and General Terms This Software License & General Terms (the “Agreement”), dated as of the Effective Date (listed on the Order Form) , is by and between Medical Office Force, LLC., (“Group”), and the Physician as listed on the Order Form (“Physician”). The Group and Physician are referred to herein individually as “Party” and collectively as the “Parties.” BACKGROUND 1) The Group has developed a proprietary software platform to provide and facilitate virtual care management, telehealth, and digital record services.      2) Physician is a healthcare provider whose patients may benefit from the Group’s services. The Parties desire to enter into an arrangement whereby the Group provides the Software (defined below) and Services (defined below) to Physician and Participating Patients (defined below). AGREEMENT The Parties hereby agree as follows: 1. DEFINITIONS. The following definitions will apply to capitalized terms used throughout this Agreement. a) “Authorized User” means the employees, providers, consultants, agents, subcontractors, and licensed healthcare professionals of Physician that Physician authorizes to access the Software on its behalf. b) “Physician Data” means (a) all data and information Physician submits or transmits to the Group, excluding any PHI (as defined below) necessary for the Services; and (b) data, records, and information the Group generates that relates directly to the Services for Physician under this Agreement, exclusive of information or documentation that the Group generates for use in the Group’s business generally or for use with multiple Physicians and exclusive of De-Identified Data as defined below. c) “Physician Support” means the Physician support provided by the Group to assist Physicians with troubleshooting and questions regarding the use of the technology provided under this Agreement. d) “De-identified Data” means personally identifiable information (PII) that has been stripped of certain identifiable elements in accordance with applicable law to render the individual’s data de-identified. Please note that the Parties address de-identified PHI in the Business Associate Agreement (“BAA”). e) “the Group Data” means: (a) all data, software (in any form), and information the Group submits or transmits to Physician regarding the Group; (b) all data, records, and information generated in the Group’s business or operations, including any information relating to the Group’s subcontractors and/or affiliates; (c) all the Group Intellectual Property (defined below), together with all derivative works of the the Group Intellectual Property; (d) data, records or information occurring in any form, including written, graphic, electronic, visual or fixed in any tangible medium of expression and whether developed, generated, stored, possessed or used by the Group, Physician, or a third party if related to the items described in (a) through (c) above; and (e) any patient data generated by the Software (including but not limited to patient usage and diagnostic data). the Group Data does not include any data or information that relates exclusively to Physician or Physician’s business, operations, or activities. f) “Intellectual Property Rights” means any patent, invention, discovery, know-how, moral, technology, software, copyright, authorship, trade secret, trademark, trade dress, service mark, confidentiality, proprietary, privacy, intellectual property, or similar rights (including rights in applications, registrations, filings, and renewals) that are now or hereafter protected or legally enforceable under state and/or Federal common laws or statutory laws or laws of foreign jurisdictions. g) “Order Form” means the Group Order Form provided to Physician for purposes of ordering the Group Software and Services. h) “Participating Patients” means those patients of Physician’s practice that Physician has determined may benefit from the Group Services, that are enrolled in the Services, and have agreed to the Patient-Facing Terms of Use. i) “Protected Health Information” or “PHI” shall have the meaning ascribed to such term in 45 C.F.R. 160.103. j) “Software” means the Patient App, the Provider-Facing Dashboard, all of the capabilities and functionalities associated with the Patient App and Provider-Facing Dashboard including (i) proprietary cloud-based technology platforms, (ii) the Patient App and related software apps, analytics modules and/or portals, and Authorized User’s documentation, and (iii) maintenance hosting services, and/or ongoing user technical support services provided by the Group. k) “Terms of Use” or “TOU” means the agreement between the Group and each of Physician’s Authorized Users and Participating Patients who use the Software.   2.SOFTWARE a. Provider-Facing Dashboard. The Provider-Facing Dashboard (“Dashboard”) is a web-based software platform that allows healthcare providers to view, track, and analyze their patients’ health data as collected and transmitted via the patient companion platform. The Dashboard also allows healthcare providers to track the time they spend on certain monitoring activities such as checking in with a patient and analyzing collected data. b. Patient Mobile Application. The Patient Mobile Application (“Patient App”) is a web-based software application. The Patient App is intended to provide a convenient program for patients and/or their caregivers, as  applicable, to compile, access, and share medical records in one convenient platform. The Patient App is not intended for continuous patient monitoring or in such a way that would allow immediate clinical action or healthcare decision-making. c. Care Mobile Application. The Care Mobile Application (“Care App”) is a web-based software application. The Care App is intended to provide a convenient program for care managers and practitioners, as applicable, to compile, access, and share medical records in one convenient platform. The Care App is not intended for continuous patient monitoring or in such a way that would allow immediate clinical action or healthcare decision-making. 3. SERVICES The Group agrees to provide the associated services indicated on the Order Form (“Services”). By selecting a particular service, Physician agrees to the relevant terms associated with that service set forth in the Services List and Additional Terms attached as Exhibit A. The Services List and Additional Terms attachment is incorporated into and made a part of this Agreement.   4. SOFTWARE ACCESS AND USE a) Software Access. Subject to Physician’s compliance with this Agreement, the Group will provide access to the Software to Physician and its Authorized Users. Physician and its Authorized Users may use the Software (a) to upload and/or transmit Physician Data by and through the Software; and (b) to … Continue reading