Terms of Use

End User Terms of Use and License Agreement

Last updated July 22, 2015.

Subscriber Acknowledgment

DO NOT USE TWISTLE IN THE CASE OF AN EMERGENCY.  CONTACT 911 (EMERGENCY NUMBER IN THE USA) IMMEDIATELY FOR ANY EMERGENCY.
Twistle, Inc does NOT provide any type of medical or professional services advice.

Always seek the advice of qualified professionals, such as physicians for medical advice, or accountants for accounting advice.

Twistle is merely a communication conduit.

Subscriber further acknowledges, represents and warrants that Twistle Services (defined below) is intended to deliver non-critical, non-emergency messages, data, information between users; (ii) the Services are dependent upon a number of factors outside the control of Twistle, including but not limited to, the operation of third party provided/hosted hardware and network services; (iii) the Services are not a substitute for any of the Subscriber’s current method of patient care, and (iv) the Service helps facilitate the exchange of information and data and is not intended to provide the same level of performance and care that a health care or professional provider could do at his or her office, hospital, exam room.  

Purpose

Please read this End User Terms of Use and License Agreement (this “Agreement”) carefully before downloading, accessing, or using the Services (defined below).  By downloading, accessing, or using the Services, you and/or any entity that you act on behalf of (the person or entity to use the Services is called “Subscriber”, “Customer”, “You”) agree to be bound by the terms of this Agreement.

Subscriber relationship is with Twistle, Incorporated (“Twistle”, “we”, “us”), a United States Company, incorporated in Delaware with its principal office located in New Mexico.  The Services and software are governed by the law of the State of New Mexico.

This Agreement governs the use of Twistle’s Mobile and Website applications, collectively referred to as “the Services.” Services include (a) one or more mobile or web solutions, services, and/or applications enabled by access to the Twistle software, (b) any connector software and/or any other server-side software, each of which may be delivered to Subscriber in connection with any Twistle service, (c) any of Twistle’s websites or webpages, and (d) all other software (including but not limited to necessary third party software), applications, application programming interface, and proprietary computer programs used for secure messaging, smart forms, and/or smart workflows.

When contracting with entities or individuals, we may execute an additional Business Service Agreement. If there is any omission or conflict between the terms in this Agreement and the Business Service Agreement, the Business Service Agreement will govern in relation to the Service.

 

Acceptance

By creating your Twistle account, you agree to our Terms of Use.  Before creating your Twistle account carefully read the Terms of Use Agreement.   The Terms of Use are available to read while registering and also within Settings of your Account to access anytime.

Creating your Twistle account signifies your electronic acceptance to Twistle’s Terms of Use.  If you do not agree, then you will not be able to create a Twistle account or use the Service.

This Agreement incorporates by reference the (i) Privacy Policy <link> applicable to all users of the Service, (ii) the Privacy and Security Standards <link> that relate to the relationship between health care providers who use the Service and us, (iii) the Notice of Privacy Practices <link> that relate to the relationship between health care providers who use the Service and their patients who use the Service, and (iv) the DMCA Notice <link> that relate to the relationship between users and copyright protection.

Changes to this Agreement

Twistle may change this Agreement without notice and will post the modified Agreement on Twistle.  If you do not agree to the modified Agreement you should discontinue using Twistle.  Your continued use of Twistle after the date the modified Agreement is posted will constitute your acceptance of the modified Agreement.  

Eligibility 

By agreeing to these Terms of Use, you represent that you have the right, authority and capability of entering into this agreement and the capacity to be bound by the terms of the agreement.

You may only use the Services if you are over 13 years old. We do not knowingly allow children under the age of 13 to create accounts that allow access to the secure features and functionality of the Service.  

Privacy and Security

Our collection, use and sharing of your personal information is governed by our Privacy Policy.

When using the Service we take precautions to ensure that your personal information remains secure.  We use standard secure logs in technology employing secure socket layer (SSL) endpoints.  We store your data on domestic servers that employ a firewall solution as well as protocols for auditing, backup of data, and disaster recovery.  The Service uses industry standard encryption, while communicating with us via an insecure method such as email may entail some communication security risk.  Even with our safety measures, we cannot guarantee unauthorized third party use of information and you acknowledge that you enter your information with this inherent risk.

Your Content

You retain ownership to your content and you grant Twistle a limited license to your content.

You grant Twistle a non-exclusive, worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content – but only for the limited purpose of improving, operating and providing Services to you and otherwise permitted by Twistle’s Privacy Policy. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service.

You shall be solely responsible for your content and the consequences of uploading, publishing, and sharing that material on Twistle. You affirm, represent, and warrant that you own or have the required and valid licenses, rights, consents, and permissions to publish the content you submit; and you license to Twistle all patent, trademark, trade secret, copyright or other proprietary rights in and to such content for publication pursuant to these Terms of Use when you upload or share any content.

Deliverables

Twistle shall assign to Customer any Newly Created IP in Deliverables upon payment in full by Customer of all amounts due for which Deliverable was created. A Deliverable is a deliverable or end product that is created either (i) together by both Twistle and the Customer in the implementation, customization, or configuration of using the Twistle Services or (ii) created by the Customer but using Twistle Technology to build the deliverable.  “Newly Created IP” means intellectual property in any inventions, works of authorship that are made by Twistle and the Twistle Customer while using Twistle Services and Twistle Technology. “Twistle Technology” means (a) Twistle technology, methodologies and intellectual property (including without limitation, products, software tools, hardware designs, algorithms, templates, software, architecture, class libraries, objects and documentation existing as of the date of this Agreement or otherwise arising in whole or in part outside of work under a Professional Service for Customer; (b) any derivatives, improvements, enhancements, or extensions in the foregoing, whether or not conceived, reduced to practice or property anywhere in the world relating to the foregoing. To the extent (if at all) any Twistle Technology is incorporated into the Deliverable, Twistle grants to Customer a non-exclusive, royalty free, nontransferable, non-sublicensable, worldwide license to use the Twistle Technology solely to use the Deliverable in connection with Twistle Service.

Nothing in the Agreement shall be deemed to restrict or limit Twistle’s right to create similar Deliverables for any other party or to assign any employees or subcontractors to perform similar Twistle Services for any other party or to use any information incidentally retained.

For example, if Twistle and Customer develop or if Customer builds a Smart Form using Twistle technology for a particular health procedure, Twistle retains the right to use that similar Smart Form with other Customers.

Electronic Communication and Maintenance of Your Account

You are responsible for taking all reasonable steps in making sure that no unauthorized person shall have access to your Twistle account login and password.  It is your sole responsibility to (1) manage, control, and minimize the disclosure of your account login and passwords.  You must immediately inform Twistle via email at admin@twistle.com of any unauthorized use of your account or password.

By utilizing this Service, you consent to share your email address and/or mobile phone number with us during the invitation process and for any Service related notices we send.  You may control your email address, mobile phone number and settings in our Accounts Profile to reduce or eliminate notifications.

Invitations to Twistle may also occur via SMS text messaging.  Twistle will not be responsible for any fees incurred by you for receiving SMS messages from Twistle. There is no fee charged by Twistle for users to receive text messages.

Restrictions

 

Patients/clients may communicate with their clinicians or other professional service providers, through our Service You and they must comply with all applicable laws when using Twistle.  You agree that the following actions will constitute a material breach of these Terms of Use:

 

–        Signing on and pretending to be someone else;

–        Using Twistle for any purpose in violations of local, state, or federal law;

–        Transmitting material that infringes on copyright or other intellectual property rights of others;

–        Transmitting material that is lewd, obscene, hateful, defamatory or harassing to others;

–        Collecting information or data about another person that would invade his/her reasonable right to privacy;

–        Using the Service for the purpose of distributing harmful viruses or harmful computer code/algorithms;

–        Using any automated tool (e.g. robots, spiders) to use the Service;

–        Removing, altering, or obscuring any of the proprietary notices, including copyright notices, of Twistle;

–        Circumventing or attacking the security and integrity of Twistle; and

–        Using Twistle in a manner that threatens the integrity, performance, or availability of the Service.

 

 

Copyright and Trademarks

“Twistle” and all logos, page headers, custom graphics and icons are trademarks and/or service marks owned by the Company. All other trademarks, product names, and company and other organization names and logos appearing on the Service are the property of their respective owners.

Our website contains text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service (collectively “Content”) that are protected by copyrights, trademarks, or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted under the United States copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content.

You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. All rights to such Content are reserved to their respective copyright owners. Except as permitted by the fair use privilege under the United States copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the Content while using the Twistle Service, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited. If you violate any of these terms, your permission to use the Content will automatically terminate and you must immediately destroy any copies you have of any portion of the Content.

For any content that you may submit over our application, you may retain ownership of any intellectual property rights you hold.

When you upload or share any content over Twistle, you grant Twistle a license to display such content.

Marketing

By downloading, accessing, or using our Services, you agree that Twistle may issue a press release, the content of which will require the consent of the Subscriber and be mutually agreed upon prior to publication, regarding the use by Subscriber of Twistle Services. Twistle may include Subscriber in our customer list that Twistle provides to current/prospective customers and/or on the Twistle website.

Application Store End User Licenses

The Terms of Use and conditions that apply to the Subscriber in this Agreement also extend to licensed use of the Service applications (“Application”) when downloaded, installed accessed or used from App Stores and end user mobile platforms such as iOS, Android, Windows- including but not limited to the Apple Inc. App Store, the Google Play Store and the Windows Phone Store. In addition the following terms apply to those licenses.

–        Both Subscriber and Twistle acknowledge that the terms of use of the Applications creates a relationship between Subscriber and Twistle and not with any 3rd party such as Apple, Google, and/or Microsoft. Apple, Google, and Microsoft have no obligation to the Subscribers in terms of maintaining or supporting the Twistle Application.

–        The Application is licensed to the Subscriber on a limited, non-exclusive, non-assisgnable/sublicensable basis, only to be used in connection with the Subscriber’s personal use and not to be reproduced for any commercial purpose.

–        The Application, immediately upon download, install, access, or usage by the Subscriber onto the Subscriber’s mobile device is subject to the Terms of Use of this Agreement.

–        Subscriber agrees to use the Application only in connection with their own unique mobile device and not with any shared or multiple mobile devices.

–        Subscriber and Twistle agree that Twistle and not Apple, Google, or Windows has the duty and relationship to address any claims by Subscriber or any third party with respect to the Application.

–        Subscriber acknowledges and agrees that all title, ownership, and rights (including without limitation intellectual property rights) in the Application remain with Twistle.

–        Subscriber acknowledges and agrees not to use the Application in a manner inconsistent with the conditions of this Agreement and to comply with all applicable laws of the jurisdiction in which Subscriber resides. Subscriber shall not (i) create derivative works of the Application, (ii) use the Application for any purpose other than described herein, (iii) alter, translate, decompile, reverse engineer or attempt to do any of the foregoing.

Your Account Obligations

In order to use the Service, you agree to provide true, accurate, current and complete information about yourself while registering and to maintain and promptly update such account information.

If you provide any untrue or inaccurate information, or if we have reasonable grounds to suspect that such information is untrue or inaccurate, we may suspend or terminate your account and refuse all current and future use by you of the Service. Account information and certain other information about you are subject to the terms of our Privacy Policy.

You will receive a password and account designation after you have completed your membership application and provided the required account information. You agree to maintain the security of your account on the Service, including the confidentiality of your password and other account information, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.

Confidential Information

“Confidential Information” shall mean all confidential or proprietary information and documentation of such party, whether or not marked as such. It shall mean any non-public data, information and other materials regarding the product, software, services, prices and discounts, or business of a party (and/or third parties bound to protect confidential information) provided by a party, its employees, contractors or affiliates (“Disclosing Party”) to the other party (“Receiving Party”). The parties agree that any performance and security data, product roadmaps, source code, benchmark results, and technical information relating to the Service, including pricing information, shall be deemed Confidential Information of Twistle.

Confidential Information shall not include (i) information that is or becomes generally well-known to others, but not as a result of breach of confidentiality obligations of other wrongful acts; (ii) information that was known to the Receiving Party at the time of disclosure, (iii) information learned form a third party holding the same lawfully and not subject to confidentiality obligations; and (iv) information required to be disclosed by law, regulation, or court order to the extent that such requirement is actually imposed and only after prompt notice to the other party.

Receiving Party shall (i) use the Confidential Information of the Disclosing Party only to perform hereunder or exercise rights granted to it hereunder; and (ii) treat all Confidential Information of the Disclosing Party in the same manner as it treats its own similar proprietary information, but in no case will the degree of care be less than reasonable care.

Your Conduct While Using the Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service or access to the Service. You agree not to access our Service by any means other than through the interface provided by us. You understand that the robots.txt file is the only means by which robots are authorized to access our Websites. You agree not to violate any of the robot access policies. You hereby acknowledge that any violation of any of our policies may result in termination of your access to our Service, deactivation or deletion of your account and all related information and files in your account, and preclusion of any further access to such files or our Service, without prior notice.

Termination

You have the right to terminate your Twistle account at any time and for any reason by emailing us at admin@twistle.com <link>. Termination is your sole right and remedy with respect to any dispute or conflict with Twistle or this Agreement.

We may stop making the Service (including any feature) available at any time and for any reason or no reason.  We may also terminate your use of Twistle at any time and for any reason or no reason by providing you notice in a reasonable manner.

Disclaimers

The information accessible via the Service is not intended as a substitute for professional advice but merely a communication tool.  Though we seek to keep the information and content on this Service as up to date and accurate as possible, we do not guaranty its completeness, accuracy, or appropriateness for any particular purpose.  Further, we explicitly disclaim any responsibility for any product, information or service or the accuracy, content, or availability of information found on other websites that contain links to or from our Service. Because some websites employ automated search results or otherwise link you to websites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party websites, and you hereby irrevocably waive any claim against us with respect to such websites.

EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THESE TERMS OF USE, IN OUR PRIVACY POLICY, OR IN THE POLICIES AND ADDITIONAL TERMS SET FORTH IN THE SERVICE, WE MAKE THE SERVICE AVAILABLE “AS IS,” AND WE DISCLAIM ALL IMPLIED WARRANTIES WITH RESPECT TO THE SERVICE AND THE CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PUPROSE.  WE DO NOT GUARANTEE THAT THE SERVICE WILL BE CONTINUOUSLY AVAILABLE.

Limitations of Liability

TWISTLE AND ITS AFFILIATES, SUPPLIERS, AND OTHER THIRD PARTIES MENTIONED OR LINKED TO ON THE SERVICE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE, RELATED SERVICES, AND/OR THIRD PARTY WEB SITES IS TO STOP USING THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Health Care and Professional Providers

Health care providers agree to the Privacy and Security Standards <link> and authorize us to deliver to each of their patients, on their behalf, notice that the Notice of Privacy Practices <link> applies to them.

Health care providers and all other Professional Service Providers agree that they will not use the Service to practice beyond the scope of their licenses, or beyond the geographic boundaries within which they are licensed to practice.  For example, a dermatologist will not provide oncology consultations, and a physician licensed to practice only in Pennsylvania will not practice in California (i.e., communicate with a patient in California) via the Service.  (Clinician-to-clinician consultations across state lines are, however, permitted.)

Hospitals, organizations, individual health care practitioners, and other professionals have the sole legal duty to verify credentials and valid licenses of other professionals they consult with.  Twistle has no legal duty as such and makes no representation as to the quality or credentials of the professionals using the Service.

Patients

Each patient hereby acknowledges receipt of the Notice of Privacy Practices <link> from us as if received from each of his or her health care providers whether you have a relationship with such provider at the time you first register as a user of the Service, or one is established at a later date.  You have the right to request from us a list of health care providers with whom we understand you have a patient-clinician relationship based on communications using the Service.

Patients and clients of professional service providers have the duty to ask service providers for credentials and valid professional licenses.

Indemnity

You agree to indemnify and hold harmless the Company, and its subsidiaries, affiliates, officers, directors, agents, employees and contractors from and against any claims, actions, demands, judgments, losses and liabilities (including without limitation attorneys’ fees) incurred by you or any third party resulting or arising directly or indirectly, in whole or in part, out of your use of the Service, content you post via the Service, your violation of the rights of any other person, or any violation of this Agreement.

General

The laws of the State of New Mexico, excluding conflicts of law principles, govern this Agreement.  Any legal action must be commenced by the in the State of New Mexico within one year of when the claim arose.   You consent to the exclusive jurisdiction of the state and federal courts of Bernalillo County, New Mexico.

You and Twistle agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Twistle agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Any such controversy or claim will be settled upon by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.

Any such controversy or claim shall be arbitrated on an individual basis.  The Arbitration will be conducted in Bernalillo County, New Mexico, and judgment on the arbitration may be entered into any court having jurisdiction thereof.  The award of the arbitration shall be final and binding upon the parties without review except as permitted by New Mexico law.  Notwithstanding the above, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s right or property pending completion of arbitration.

 

Contact Us

If you have any questions or suggestions on ways we can improve our service or question about this Agreement, please email us at admin@twistle.com