HIPAA DISCLAIMER - USER CONSENT - PRIVACY POLICY
IMPORTANT — PLEASE READ CAREFULLY. By selecting “I Agree,” creating an account, or using Heart Heritage (the “App”), you acknowledge and agree to the following terms regarding privacy, personal health information, and your responsibilities as a user.
NO MEDICAL CARE; NOT FOR EMERGENCIES
Heart Heritage is not a medical device, healthcare provider, or a substitute for professional medical advice, diagnosis, or treatment. Do not rely on the App for medical decisions or emergency situations. For medical emergencies, call 911 or your local emergency number immediately.
NOT A COVERED ENTITY OR BUSINESS ASSOCIATE
Heart Heritage and its creator(s) are not “Covered Entities” or “Business Associates” as defined by the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”). The App is not intended for use by healthcare providers to collect, store, or transmit Protected Health Information (“PHI”) in the course of providing healthcare services. No Business Associate Agreement will be executed or implied by your use of the App.
USER-PROVIDED INFORMATION & YOUR RESPONSIBILITY
You may choose to input personal or family information, which may include health-related details. You are solely responsible for all information you enter into the App, including ensuring it is accurate, lawful, and appropriate to share. Do not enter another person’s PHI without that person’s clear authorization (or, if a minor, without legal authority as a parent or guardian). If you are a healthcare professional or acting on behalf of one, do not use the App to collect PHI for clinical purposes.
AVOIDING PHI; DE-IDENTIFICATION ENCOURAGED
To reduce privacy risk, you are strongly encouraged to avoid entering PHI (e.g., full legal names combined with specific medical diagnoses, medical record numbers, precise dates of service, or other identifiers). Where feasible, use partial names/initials or de-identified details. You understand that adding identifiable health information increases privacy risk and you assume that risk.
STORAGE LOCATION; SECURITY LIMITATIONS
Information you enter may be stored locally on your device and/or in device-level backups or caches managed by your operating system or third parties you control (e.g., iCloud or similar). While reasonable efforts may be made to protect your information, no security measures are perfect. You acknowledge that (a) absolute security cannot be guaranteed; (b) unauthorized access may occur due to factors beyond the App’s control; and (c) you are responsible for securing your device (e.g., enabling passcodes/biometrics, managing backups, and keeping your software up to date).
NO DUTY TO MONITOR; NO CLINICAL REVIEW
The App does not actively monitor, review, validate, or verify the accuracy, completeness, or legality of information you input. Entries are not reviewed by clinicians or stored in a clinical chart. The App does not provide alerts, surveillance, or clinical follow-up.
THIRD-PARTY CONTENT & LINKS
The App may display links or references to third-party websites and resources. Heart Heritage does not control and is not responsible for third-party content, practices, or security. Accessing third-party resources is at your own risk and subject to their terms and privacy policies.
CHILDREN & SENSITIVE DATA
If you input information about a minor, you represent that you are the child’s parent or legal guardian and have the legal authority to share that information. Do not include highly sensitive identifiers (e.g., Social Security Numbers, insurance IDs, or precise geolocation data).
YOUR RIGHTS & DATA MANAGEMENT
You may edit or delete entries you create within the App’s available features. Deleting content from the App does not remove copies that may exist in device or cloud backups you manage. It is your responsibility to review and manage your backup settings.
NO WARRANTIES
THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, OR SECURITY. YOUR USE OF THE APP AND ANY INFORMATION YOU ENTER IS AT YOUR SOLE RISK.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEART HERITAGE AND ITS CREATOR(S), AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF DATA; LOSS OF PROFITS; LOSS OF GOODWILL; DEVICE DAMAGE; OR SECURITY INCIDENTS ARISING OUT OF OR RELATED TO YOUR USE OF THE APP OR YOUR ENTRY OF INFORMATION (INCLUDING PHI), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ANY LIABILITY IS FOUND, THE TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID (IF ANY) TO USE THE APP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Heart Heritage and its creator(s) from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the App; (b) the information you input or share; (c) your violation of this disclaimer or any applicable law; or (d) any infringement or violation of the rights of others.
JURISDICTION-SPECIFIC LIMITS
Some jurisdictions do not allow certain warranty disclaimers or limitations of liability. To the extent prohibited by law, such provisions shall not apply; in all other respects, this Disclaimer shall be enforced to the fullest extent permitted. Nothing in this Disclaimer is intended to limit any non-waivable statutory rights.
CHANGES TO THIS DISCLAIMER
This Disclaimer may be updated from time to time. Material changes will be made available within the App. Your continued use after an update constitutes acceptance of the revised terms.
ACKNOWLEDGMENT & CONSENT
By selecting “I Agree” or using the App, you represent that you have read this HIPAA Disclaimer & User Consent, understand its terms, and agree to be bound by them. You further acknowledge that Heart Heritage is not a Covered Entity or Business Associate under HIPAA, that the App is not intended for clinical use, that you are solely responsible for any information you choose to enter (including any PHI), and that you accept the risks and limitations described above.