Effective Date: Jan 22, 2019, Version 1.0
These Terms of Use (“Terms”) form a legally binding contract between you and Project Notebook (“Project Notebook,” “us,” or “we”) governing your access to and use of our software applications, such as Project Notebook for web, Project Notebook for mobile, and the Project Notebook Voice Adapter (for Alexa, Google Home, Siri, etc.), together with any other applications developed and/or distributed by Project Notebook (the “Project Notebook Apps”), including storage and retrieval of data by the Project Notebook Apps on or through our hosted cloud platform (the “Project Notebook Platform”), so please read them carefully before using any Project Notebook Apps. We provide you with access to and use of the Project Notebook Apps subject to your compliance with these Terms. By using the Project Notebook Apps, you agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated into these Terms.
Those who use the Project Notebook Apps to help manage their cancer are referred to as “Data Owners” (for “Persons owning the Data” or the parent/guardian of one) herein. These Terms may include provisions that treat Data Owners differently from members of a Data Owner’s care team that the Data Owner has granted access to (“Care Team Members”), from doctors, healthcare professionals, and other clinicians who may use Project Notebook Apps to review data for people they provide care for (“Clinicians”), and from researchers who collect data from study participants for research purposes through the Project Notebook Apps or Project Notebook Platform (“Researchers”). Data Owners, Care Team Members, Clinicians and Researchers may collectively be referred to herein as “Users” (or, singularly, a “User”), and provisions that are not indicated as applying only to one of these groups apply to all.
Some highlights of these Terms are as follows:
To learn more, please review the following sections:
When a Data Owner creates an account with Project Notebook, or claims an account created on his or her behalf by a Clinician, etc., the Data Owner is the legal owner of the data, notes, files, and other information stored and managed using the Notebook Apps, including without limitation personally identifiable health information (“Information”). Care Team Members or Clinicians may provide Information to a Data Owner’s account with the Data Owner’s permission; this Information is owned by the Data Owner. These Terms and our Privacy Policy shall govern the use of the Information.
A. As a Data Owner, you always retain ownership of the Information in your account, and only you can grant and revoke permission to share it.
B. Project Notebook will never grant any third party access to your Information without your permission, except in limited circumstances (such as when specifically required by law) and only in accordance with our Privacy Policy.
C. Project Notebook, Care Team Members, Clinicians, Researchers, third-party applications, and third-party diabetes device makers are not granted any right to use or access your Information, except with your permission and in accordance with our Privacy Policy.
D. You can export your Information at any time, and you can request that your Information be deleted at any time by requesting that Project Notebook delete your account. But please note that Information that you have chosen to provide to Researchers, Clinicians, third-party applications, and third-party diabetes device makers may have been copied and/or retained by those third parties.
E. A Clinician such as your doctor or other health care provider, or a Researcher conducting a study in which you participate, may establish a Project Notebook account to store Information about you in Project Notebook Platform. That Clinician or Researcher may invite you to open a Project Notebook account. If you accept that invitation, you will become a Data Owner. You will have control over the account and the Information associated with that account, and these Terms of Use will apply to you. The Clinician or Researcher who invited you to open the account will be a member of your Care Team. You may remove the Clinician or Researcher from your Care Team at any time.
If a Clinician or Researcher who uses Project Notebook to store information about you does not invite you to open an account, or if you decide not to accept the Clinician’s or Researcher’s invitation, then you will not have control of the information in the account, and you will not be a Data Owner with rights under these Terms of Use.
F. Clinicians are solely responsible to you for the professional health care and any other services that they may provide to you. Project Notebook is not responsible for the quality or availability of the services that a Clinician may or may not provide to you, or whether those services are provided in accordance with applicable laws. Project Notebook does not select Clinicians or supervise, monitor, or control the services they provide, and is not responsible for your choice of any Clinician from whom you choose to receive professional health care or other services.
G. Researchers are solely responsible to you for any responsibility owed to you in connection with any research study in which you participate. Project Notebook is not responsible for quality or appropriateness of the methods or manner in which any research study is conducted, or whether research studies are conducted in accordance with applicable laws. Project Notebook does not evaluate or endorse Researchers or the research studies they perform, and Project Notebook does not supervise, monitor, or control those Researchers’ conduct of those research studies. If you have agreed to participate in a research study, you will do so pursuant to the terms and conditions of any consent you have given to that Researcher.
A. If you choose to grant access to your Information to a Care Team Member, Project Notebook, Researchers, Clinicians, third-party applications or third-party medical device makers, you hereby grant to such party a non-exclusive, limited right to access and use the applicable Information solely for the specified purpose, including any reuse or re-sharing permissions.
B. To facilitate your use of the Project Notebook Apps, you hereby grant to Project Notebook a non-exclusive, royalty-free license to use, store, reproduce and display any Information you store or manage through the Project Notebook Apps solely as reasonably necessary to operate the Project Notebook Platform at your direction and on your behalf, and subject to these Terms and our Privacy Policy.
The security and privacy of your Information is important. Project Notebook uses reasonable administrative, physical and technical safeguards to protect the security, confidentiality and integrity of your Information. For example, data that you upload from your personally owned medical devices is transmitted and stored using industry-standard encryption, as is any personal information, vital signs or metadata you share with Project Notebook. All information and data is encrypted both at rest and during transport. PROJECT NOTEBOOK SHALL NOT BE RESPONSIBLE OR LIABLE FOR UNAUTHORIZED ACCESS, HACKING, OR OTHER SECURITY INTRUSIONS OR FAILURE TO STORE OR THE THEFT, DELETION, CORRUPTION, DESTRUCTION, DAMAGE, OR LOSS OF ANY DATA OR INFORMATION.
As described in the Privacy Policy, "Data Owners" control the Information in their accounts and set permissions for sharing. Through features in the Project Notebook Apps, you as a "Data Owner" will always be able to view and change the access rights of your Care Team Members and change your sharing preferences such as sharing with Clinicians, Researchers, Project Notebook, third-party applications and third-party device makers.
Care Team Members, Clinicians, and Researchers can create accounts on Project Notebook platform and become Users of Project Notebook Apps. Clinicians and Researchers who create their own accounts control the Information in their accounts and can set or change permissions for sharing. Researchers may create accounts with Information for research purposes; the Researcher owns the Information in the Researcher’s account. A Clinician, such as a doctor or other health care provider, or a Researcher conducting a study, may establish an account to store information about a patient or study participant in the Project Notebook Apps and/or Project Notebook Platform. That Clinician or Researcher may invite the patient or study participant to open a Project Notebook account. If the individual accepts that invitation, he or she will become a Data Owner and will have control of all the data associated with that account. The Clinician or Researcher who invited the Data Owner to open the account will be a member of the Data Owner’s Care Team. The Data Owner may remove the Clinician or Researcher from his or her Care Team at any time.
We trust you to use the Project Notebook Apps responsibly, and you agree not to misuse them. You must use the Project Notebook Apps only for lawful purposes, and you agree to comply with all applicable laws, rules, and regulations in using the Project Notebook Apps. You must also respect the privacy and Information of others who use Project Notebook Apps and comply with our Privacy Policy.
We endeavor to operate the Project Notebook Apps so that everything we show you is accurate and complete. However, we cannot guarantee that the Project Notebook Apps do not have errors or bugs. Even if there are no errors or bugs, it is possible to draw inappropriate conclusions from Information that you see. Project Notebook DOES NOT WARRANT AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY OR RELIABILITY OF THE INFORMATION ON THE Project Notebook APPS. YOU ACCEPT FULL RESPONSIBILITY FOR ANY DECISIONS YOU MAKE REGARDING MEDICAL TREATMENT, THERAPY, OR OTHERWISE.
The Project Notebook Apps are informational and management aids only, designed to facilitate the interpretation and exchange of medical and other information, and are not offered or provided for the purpose of diagnosing, treating or prescribing for any illness or injury. Neither the Project Notebook Apps nor any service provided by Project Notebook is a substitute for the use of professional evaluation and decision-making by appropriately licensed and qualified physicians and other healthcare professionals in making diagnoses and/or treatment decisions. The Project Notebook Apps and Project Notebook’s services manage and display medical information provided by Users, and Project Notebook does not select and cannot assure the accuracy, completeness or currency of any such information. Project Notebook does not endorse drugs or other products or services, diagnose any injury, illness, disease or other health condition, or recommend any treatment, therapy or health care provider.
If you are a Clinician, you may be using our software to help your patients. For the reasons discussed above, you should not rely exclusively upon information you receive through use of the Project Notebook Apps in any decision-making you make in connection with your diagnosis and treatment of any patient. You remain fully responsible to perform all of your professional and other duties to your patient in accordance with the applicable standards of care. You expressly acknowledge and agree that Project Notebook is not responsible for the results of your professional medical decisions resulting from the use of Project Notebook’s Apps and Project Notebook’s services. You shall indemnify and hold Project Notebook harmless from and against any loss whatsoever arising from any failure on your part to discharge your professional and/or other legal duty of care to your patient.
If you are a Data Owner and using our software to help you manage your cancer, do not make therapy changes or dosing decisions without applying common sense and/or consulting your healthcare professional.
Project Notebook does not assume any responsibility for any aspect of medical services or other health care provided or administered, or not provided or administered, with the aid of information the Project Notebook Apps and/or Project Notebook’s services provide.
If you notice problems or issues with your Information, please double-check it from its source. If you believe there are problems or inaccuracies in the display of your Information in the Project Notebook Apps, please let us know by contacting us at support@projectnotebook.org.
In addition, here are things you cannot do or attempt to do with Project Notebook Apps:
In addition, unless you comply with our Responsible Disclosure Policy (described in Section 3.3 below), you are prohibited from violating or attempting to violate the security of the Project Notebook Apps or Project Notebook’s other systems or network security, including, without limitation, the following:
If you believe you have found a security vulnerability in any of Project Notebook’s Apps, Project Notebook’s source code or Project Notebook’s other systems or network security, we encourage you to let us know right away by submitting a report to security@projectnotebook.org. We will investigate all legitimate reports and do our best to quickly fix the problem.
If you give us reasonable time to respond to your report before making any information public, and make a good faith effort to avoid privacy violations, destruction of data, and interruption or degradation of our service during your research, we will not bring any lawsuit against you or ask law enforcement to investigate you. In addition, to show our appreciation, at our discretion, we may provide a monetary bounty for the reporting of certain security bugs. Bounties are awarded at Project Notebook’s sole discretion and are only paid to individuals. Only one bounty may be paid per issue reported. If we provide a bounty, the amount to be awarded will be awarded based on the bug’s severity and creativity, and will be at Project Notebook’s sole discretion.
The Project Notebook Apps, including all contents, such as text, images, audio, and user interface designs used to generate the applications (collectively, “Project Notebook Content”), may be available for reuse through a license negotiation. Some of the Project Notebook Content may be acquired from sources that prohibit further use of their content without advance permission. Where possible, the Project Notebook App will display a notice with the applicable license relevant to that content. You agree to abide by such licenses. Some Project Notebook Content may indicate that the author considers his or her work proprietary and requires prior permission for any use of the work. In such cases, you should contact the author or author’s agent for permission to use the content.
The rights in the trademarks, logos, service marks, and trade dress (collectively “Trademarks”) of Project Notebook are not licensed under the Creative Commons License. If you wish to use any of our Trademarks, or if you have any other questions about complying with our licensing terms, you should email legal@projectnotebook.org. Some Project Notebook Content may contain Trademarks of other parties. Except for a few limited circumstances, Trademarks cannot be used without advance written permission of the owner of the Trademark.
We take the intellectual property rights of others seriously and ask you to do the same. You agree that you own or have the necessary rights in and to any and all Information you upload or post to the Project Notebook Apps. Not owning or having the necessary rights is a violation of these Terms.
We make our applications available in the hosted form - where we run it on Project Notebook-managed AWS Servers. These Terms apply to the hosted version of the Project Notebook Apps, or to Project Notebook-compiled, and installable versions of Project Notebook Apps.
You must be 13 or older to register as a User of Project Notebook Apps. If you are at least 13 but are under the age of 18, you may only register with and use Project Notebook Apps with your parent’s or legal guardian’s consent. You agree to all of the terms and conditions of these Terms, and if you are between the ages of 13 and 18, you represent that you have obtained your parent’s or legal guardian’s consent and that your parent or legal guardian has agreed to these Terms. If you are a parent or legal guardian who has consented to the use of Project Notebook Apps by a person between the ages of 13 and 18, you are fully responsible for that person’s use of Project Notebook Apps and agree to be bound by these Terms. If we discover that a person under 13 has registered as a User, we may delete the person’s account.
You understand that to register as a User of Project Notebook Apps you must be in the United States or the European Union. We make no claims that Project Notebook Apps are accessible or appropriate outside of these areas. Access to Project Notebook Apps may not be legal by certain persons or in certain countries. If you access Project Notebook Apps from outside the United States or the European Union, you do so on your own initiative and are responsible for compliance with local laws.
You may be able to link to third-party sites or connect to third-party applications from the Project Notebook Apps, or connect to the Project Notebook Platform from third-party applications, or you may choose to share your Information with third-party device makers or Researchers (collectively, “third parties”). Project Notebook does not control third-party applications, third-party linked sites or third-party device makers in any way, and Project Notebook is not responsible for the content, availability, advertising, products, information or additional links, use of information, security or privacy policies and practices, or materials of any such third parties. Links to third-party sites and the option to share your Information with third-party applications, sites and/or device makers does not imply Project Notebook’s endorsement of, or affiliation with, such third parties. In no event shall Project Notebook be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the use of third-party sites, third-party applications or sharing with third-party device makers.
You consent to receive electronically any communications related to your use of the Project Notebook Apps. We may communicate with you by email, by posting notices in the Project Notebook Apps, or by sending mobile- or web-based notifications. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Project Notebook intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide us. If you provide us with a telephone number, you expressly agree that we, or our authorized agents, can use that number to contact your about your account.
If you believe that any content on any Project Notebook Apps infringes upon any copyright which you own or control, you may send a written notice to Project Notebook’s Copyright Agent at legal@projectnotebook.org. The written notice must satisfy the requirements set forth in the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512). It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
THE PROJECT NOTEBOOK APPS, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES, ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Project Notebook DOES NOT WARRANT THAT THE Project Notebook APPS OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, FREE FROM HACKING OR OTHER SECURITY INTRUSION, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Project Notebook MAKES NO WARRANTY THAT THE Project Notebook APPS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE PROJECT NOTEBOOK APPS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE PROJECT NOTEBOOK APPS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE PROJECT NOTEBOOK APPS.
Applicable law may not allow the exclusion of implied warranties, so some or all of these disclaimers may not apply to you.
TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL PROJECT NOTEBOOK, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, CONTENT OR SERVICE PROVIDERS, OR SUCCESSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO (i) YOUR USE OF, OR INABILITY TO USE, THE PROJECT NOTEBOOK APPS, MATERIALS AND FUNCTIONS RELATED THERETO, (ii) UNAUTHORIZED ACCESS TO OR LOSS, CORRUPTION, OR ALTERATION OF DATA, TRANSMISSIONS, OR CONTENT, (iii) STATEMENTS OR CONDUCT OF ANY USER OR CARE TEAM MEMBER USING PROJECT NOTEBOOK APPS, (iv) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF YOUR DATA OR ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION, (v) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE PROJECT NOTEBOOK APPS, OR (vi) ANY OTHER MATTER RELATING TO THE PROJECT NOTEBOOK APPS, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, GOODWILL, LOST BUSINESS, USE, DATA, SALES, COST OF SUBSTITUTE SERVICES, OR OTHER INTANGIBLE LOSSES, EVEN IF PROJECT NOTEBOOK OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER A CAUSE OF ACTION MAY BE IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE BUT EXCLUDING GROSS NEGLIGENCE AND INTENTIONAL ACTS OF PROJECT NOTEBOOK), STATUTE, OR ANY OTHER LEGAL THEORY, EITHER ARISING FROM THE TERMS, OR YOUR USE OF OR INABILITY TO USE THE PROJECT NOTEBOOK APPS. Some jurisdictions do not allow the limitation or exclusion of certain liabilities, so some of the above limitations may not apply to you. The foregoing provision is enforceable in the State of New Jersey in the United States of America.
You agree to defend, indemnify, and hold harmless Project Notebook, and all of its respective officers, directors, employees, owners, agents, information providers, licensors and licensees, from and against any and all liabilities, losses, damages, expenses, and costs (including reasonable attorney fees) incurred in connection with any third-party claim, complaint, suit or cause of action arising from your conduct in connection with accessing and/or using the Project Notebook Apps or your breach of these Terms. This provision does not apply to acts of Project Notebook. You shall cooperate with Project Notebook in the defense of any such claim. Project Notebook reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. Some jurisdictions limit consumer indemnities, so some portions or all of this indemnity provision may not apply to you. The foregoing provision is enforceable in the State of New Jersey in the United States of America.
Regardless of any statute or law to the contrary, you agree that any claim or cause of action you may have with respect to the Project Notebook Apps must be filed within one year after the claim or cause of action arose or be forever barred.
Any controversy or claim arising out of or relating to these Terms, the breach thereof or its subject matter shall be settled by binding arbitration in accordance with the consumer commercial arbitration rules of the American Arbitration Association. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in the City and County of San Francisco, California in the United States of America, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding anything to the contrary herein, Project Notebook, any Data Owner, any Care Team Member, any Clinician, any Researcher, or any other party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
We may modify, amend or change the terms, conditions or provisions of these Terms prospectively from time to time without prior notice to you, so please check them periodically. If a change, in our sole discretion, to these Terms is material, we will endeavor to notify you (for example, by email to the email address in your account). It is your responsibility to keep your email address current. We will post the new terms and indicate the revision date. By using Project Notebook Apps after any changes to these Terms, you agree to be bound by those changes and the new terms. If you disagree with the new terms, your sole recourse is to stop using the Project Notebook Apps.
We reserve the right to modify, refine, add or remove features, impose limits on the service or size of storage available to you, or suspend the Project Notebook Apps, with or without prior notice to you and without liability to anyone, including you or any third party. In the unlikely event of discontinuance, we will endeavor to notify you to allow you to export your Information. We may impose or you may experience limits on your use of the Project Notebook Apps. If you disagree with any changes to the Project Notebook Apps, you agree that your only recourse will be to stop using the Project Notebook Apps. You may export your Information or request that you Information be deleted before doing so. Continuing to access the Project Notebook Apps after any modifications will indicate that you agree with the changes and are satisfied with the Project Notebook Apps as modified.
Assignment. You may not assign any of your rights or obligations under these Terms without Project Notebook’s express written consent. These Terms inure to the benefit of Project Notebook’s successors and assigns.
Cancellation and Termination. You can cancel your account, export your Information, or requested that your Information be deleted at any time. Project Notebook may also suspend or terminate your account if you violate these Terms. In such situations, we may attempt to notify you so that you can export your Information, but we may immediately suspend or terminate your account in certain circumstances, such as causing harm to another User, disrupting others’ use of the Project Notebook Apps, or causing Project Notebook potential legal liability.
Entire Agreement. These Terms and the Privacy Policy, as each may be amended or modified by Project Notebook in accordance with its terms from time to time, together constitute the entire agreement between you and Project Notebook with respect to your access to and use of the Project Notebook Apps, superseding and replacing any prior agreements and terms and conditions applicable to the Project Notebook Apps. You may also be subject to additional terms and conditions that are applicable to certain parts of, or services offered on or through, the Project Notebook Apps. If any incorporated agreements or policies conflict with these Terms, these Terms shall control.
Survival. All provisions of these Terms that, by their nature, should survive any termination or expiration of these Terms shall do so. Any termination or expiration of these Terms shall not relieve you of any obligations that may have arisen or accrued prior to such termination or expiration or limit any liability you otherwise may have to Project Notebook, including, without limitation, any indemnification obligations contained herein.
Governing Law. These Terms and any dispute between you and Project Notebook arising out of or relating to these Terms shall be governed by and interpreted in accordance with the laws of the United States of America and State of California, without giving force to its conflict of laws provisions.
Waiver and Severability. The failure of Project Notebook to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
If you have any questions about these Terms, please contact us at legal@projectnotebook.org or by mail at: Project Notebook, Attn: Legal Department, 317 W Portal Ave, Unit# 27449, San Francisco, CA 94127