Self-Care Resources Terms of Service
1. Introduction
1.1. These terms of service apply to the use of Self-Care Resources’ Service (as defined below). By using the Service, you agree to the Terms of Service and enter into a legal agreement with Self-Care Resources (hereinafter “Terms of Service”). If you do not wish to agree to the Terms of Service, you cannot use the Service.
1.2. Self-Care Resources Limited is a company with limited liability established and existing under the laws of England & Wales, having its registered office at Europa House, Goldstone Villas, Hove, UK BN3 3RQ (hereinafter “Self-Care Resources”, “we”, “us”, or “our”).
1.3. Self-Care Resources has developed a mobile application and website platform called Jing, (hereinafter “Service”), which enables traditional Chinese/East Asian medicine health-care providers (hereinafter “HCP”), to recommend and manage self-care programmes for their patients/clients (hereinafter “End Users”), including but not limited to video, audio, and PDFs on: qigong, self-massage, acupressure stimulation, meditation, diet, recipes, and monitoring of the End Users’ self-reported record of self-care activities (hereinafter “Content”).
1.4. All references to “you” or “your” refer to any user of the Service, whether an HCP user or an End User. All terms in these Terms of Service apply to you, except if the term specifically states that it applies only to a subset of users.
1.5. We advise you to read these Terms of Service carefully so that you are aware of your rights and responsibilities when using Self-Care Resources’ Service. Questions about the Terms of Service should be sent to hello@jingselfcare.com.
2. General
2.1. These Terms of Service apply to any and all uses of the Service.
2.2. Self-Care Resources reserves the right to amend or supplement these Terms of Service at any time by posting an update on our website, www.jingselfcare.com (hereinafter “Website”). The amended or supplemented Terms of Service will be brought to your attention by email to the email address registered with your Account or by push notification to your Account in the mobile application. The most up to date Terms of Service will also be published on the Website. If you continue to use the Service after that date, you irrevocably accept the amended or supplemented Terms of Service. If you do not agree to the amended or supplemented Terms of Service, your only option is to terminate this agreement in accordance with article 11.
2.3. Any additions to and/or deviations from these Terms of Service whether on a temporary or permanent basis are only valid when confirmed in writing by Self-Care Resources acting by an authorized officer such as a director or senior manager.
2.4. You may not use the Service for any purpose other than the purposes specifically allowed by these Terms of Service or with explicit written permission from Self-Care Resources.
3. Service and availability
3.1. Self-Care Resources do not check or monitor the credentials of practitioners who create an Account and use the Service.
3.2. If you are an End User, you are responsible for checking that your practitioner is a properly qualified and insured member of an appropriate professional body following professional standards.
3.3. Self-Care Resources will make reasonable efforts to provide the Service with due care. You accept that the Service only contains the functionalities and other characteristics as described in the current documentation as set out at the moment of your use (“as is” and “as available”). Each and every use of the Service is at your own risk and responsibility. Self-Care Resources does not warrant that the provision of the Service will be uninterrupted or error-free and Self-Care Resources does not accept responsibility for any part of the service provision infrastructure (including without limitation the internet) which is outside its reasonable control.
3.4. Self-Care Resources is at all times entitled, without in any way becoming liable to you:
a) to make procedural and technical alterations and/or improvements to the Service; and
b) to temporarily discontinue or limit the Service or your Account if, in its view, this is necessary, for example for purposes of preventive, corrective or adaptive maintenance. Self-Care Resources will notify you of the temporary unavailability or restricted use of the Service insofar and as soon as reasonably possible.
3.5. If you are an End User, your access to the Service may be terminated immediately without notice to you if the HCP Account which your Account is associated with is terminated, suspended, or cancelled for any reason.
4. Account
4.1. To obtain access to the Service, you must have a registered Account.
4.2. If you are an HCP, you may register for an HCP account at any time.
4.3. If you are an End User, you must be invited to create an End User Account by an HCP user.
4.4. You can create an Account by following the registration process, which can be completed either on the mobile app through which the Service is provided or on the Website.
4.5. Upon registration of the Account you will set your email address and unique password in order to obtain access to the Account. You are responsible for keeping the password secret. As soon as you know or have reason to suspect that the password is no longer secret, or that the Account is being abused, you must notify Self-Care Resources immediately and take all necessary steps to prevent further unauthorized access, including changing your password and taking other security measures as recommended by your infrastructure provider.
4.6. By creating an Account and using the Service, you agree to receive essential communications from or on behalf of the Service at the contact details provided (for emails and SMS) and/or on the device which you have installed the mobile app on (for push notifications). These messages and all data related to them will be handled in accordance with our Privacy Policy, which is expressly incorporated into these Terms of Service.
4.7. Unless you have specific written permission from Self-Care Resources, you are not permitted to:
a) provide information during registration that is not accurate, complete and up-to-date;
b) create more than one Account;
c) create an Account for another natural person or legal entity;
d) share an Account or in any other way provide access to the Account to another natural person or legal entity (HCP accounts are for the use of individual practitioners only, and login details must not be shared with others, even with colleagues who are treating the same patients);
e) create an Account if you are younger than 18 years of age; or
f) if you are an HCP, create an Account if you are not a professionally qualified traditional Chinese/East Asian medicine health-care provider and have appropriate insurance.
4.8. If Self-Care Resources grants you specific written permission for any of the otherwise prohibited actions listed in article 4.7 (b), (c), or (d), you are responsible for ensuring that the person or legal entity whom you have created an account for or granted access to explicitly agrees to these Terms of Service, or otherwise enters into a legally binding contract with equivalent terms. If there is a breach of these Terms of Service by any person using an account that you have created or granted access to, you will be held responsible.
4.9. If you are an HCP, you may access from the Service self-care material and End Users’ activity records but must not sell, redistribute or use for any other purpose other than as set out. You may not use any means for the export and/or download of self-care material and End Users’ activity records, other than the means expressly provided for such purpose by Self-Care Resources.
4.10. If you are an End User, you may access from the Service your self-care recommendations and account details strictly for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
5. Your obligations
5.1. In using the Service, you are not permitted to perform any acts as listed below:
a) modify or copy the Content materials;
b) use the Content materials for any commercial purpose, or for any public display (commercial or non-commercial) without the prior written permission of Self-Care Resources;
c) attempt to decompile or reverse engineer any software contained in Jing;
d) remove any copyright or other proprietary notations from the Content materials; or
e) transfer the Content materials to another person or "mirror" the materials on any other server.
f) add material, including HCP notes, external links and any other HCP created content (hereinafter “HCP Content”) which, at the discretion of Self-Care Resources, is discriminatory or is otherwise deemed hurtful, offensive or inappropriate;
g) deal with personal data, other than in compliance with applicable law;
h) if you are an HCP, add Content which contains viruses, Trojan horses, worms, bots or other software which can cause any interference, loss or damage to:
i. the Service;
ii. the hardware or software used to provide the Service; or
iii. any data within the Service,
or which make the Service unusable or inaccessible or delete it.
i) if you are an HCP, add Content which violates any law or legal obligation, including but not limited to intellectual property rights (such as copyright);
j) take any action which circumvents or intends to circumvent technical protection measures of the Service and/or the computer systems of Self-Care Resources;
k) use the Service to make Content material or HCP Content available which is directed at individuals (including End Users) younger than 18 years of age, unless there is prior consent of the parents or guardians of such individuals;
l) make or transmit any unwanted or unsolicited material (spam); and/or
m) make HCP Content available which could prejudice the interests and reputation of Self-Care Resources.
5.2. Self-Care Resources reserves the right, without prior notice, to abridge, alter, refuse and/or remove any HCP Content in its absolute discretion and liability.
5.3. Breaches of this article 5 may lead to suspension or termination of the right to use the Service and Self-Care Resources shall in any case be able to claim full damages for any breach of this article 5.
6. NO MEDICAL ADVICE
6.1. You acknowledge and agree that the Service and all information, Content, HCP Content, and any other content provided through it are not a substitute for the professional judgement of a health care professional in providing a diagnosis, treatment, and/or advice. Neither Self-Care Resources nor the Service, content, or software provides medical advice, medical services, or diagnostic services. Reliance upon any part of the Services or the content provided through the Service is at your own risk, and Self-Care Resources is in no way responsible for your decisions, actions, or non-actions based on your use of the Service or its content.
6.2. Self-Care Resources is not responsible for the accuracy, appropriateness, or use of any pharmacological, medical, legal, or similar information contained in or provided through any part of the Service.
6.3. If you are an End User, you understand and agree that your healthcare decisions, actions, and non-actions should be under the supervision of a healthcare professional, and that the Service is not a substitute for such a professional. You should verify the accuracy of the information and completeness of any information and/or recommendations provided through the Service or otherwise. You shall be solely responsible and liable for any personal or psychological injury or loss of life.
6.4. If you are an HCP, you acknowledge and agree that you are fully responsible for ensuring that your use of the Service and your recommended use of the Service to End Users associated with your Account are appropriate. You shall be solely responsible and liable for your treatment and care of patients who are End Users, and Self-Care Resources has no responsibility or liability for any adverse incidents relating to your or your associated End Users’ use of the Service.
7. HIPAA
7.1. The terms of this article 7 only apply to you if you are an HCP operating in the United States and a ‘Covered Entity’ under HIPAA regulations.
7.2. Self-Care Resources has taken steps to comply with HIPAA regulations as a ‘Business Associate’ as defined in 45 C.F.R. § 160.103.
7.3. You hereby enter into the Business Associate Agreement (“BAA”) between you and Self-Care Resources, which is set out in Addendum 2 to these Terms of Service.
7.4. You acknowledge and agree that Self-Care Resources and any of its staff and/or sub-contractors may disclose End User information in order to provide the Service, fulfil its obligations under these Terms of Service, meet legal or regulatory requirements, and for any other reason allowed under these Terms of Service and/or the BAA.
7.5. You acknowledge and agree that Self-Care Resources will have no responsibility for the protection and handling of any End User data which is outside the scope of the Service (including any data that is downloaded, exported, or printed).
7.6. You acknowledge and agree that the End User information available to you is not an electronic medical record and that the Service is not an electronic medical records system.
8. Privacy
8.1. Whether you are an HCP or an End User, by using the Service, you may provide Self-Care Resources with contact and/or medical information about yourself. Self-Care Resources solely uses this data for administrative and research purposes related to providing a stable and reliable Service to you and making improvements to the Service.
8.2. Self-Care Resources will observe and comply with the relevant data protection laws applicable in your geographic location in relation to the provision of this information and any relevant rules and, where applicable, codes of practice relating to medical records as required by law. For example, we comply with the following:
a) for data relating to users in the UK, the Data Protection Act (UK);
b) for data relating to users in the European Union, the GDPR;
c) for data relating to users in the United States, the Health Insurance Portability and Accountability Act; and
d) for data relating to users in Australia, the Australia Privacy Act.
8.3. Our Privacy Policy set out on the Website shall apply to you and your use of the Service. You consent to the use, disclosure and keeping of your information in accordance with our Privacy Policy.
8.4. If you are an HCP, you accept and agree that you are responsible for compliance with all applicable privacy legislation as the HCP to the End User and no acts or omissions by Self-Care Resources shall relieve you of your obligations.
8.5. If you are an HCP operating in the UK and/or the European Union, under the Data Protection Act, Self-Care Resources acts as a data processor only pursuant to the Data Protection Act and you remain the data controller in respect of all data processed using the Service. Self-Care Resources shall only process personal data insofar as is necessary for the performance of these Terms of Service, unless Self-Care Resources is required by law to process personal data outside this scope or if the End User has given their consent for such processing to Self-Care Resources. You hereby enter into the Data Processing Agreement between you and Self-Care Resources as set out in Addendum 1 to these Terms of Service.
8.6. Pursuant to the above-mentioned privacy legislation, you may have access obligations towards your End Users, such as an obligation to provide information, and to allow inspection, correction, retention and removal of End User personal data. You are fully and exclusively responsible for ensuring compliance with these obligations. Self-Care Resources shall provide its reasonable assistance to the HCP to comply with requests of End Users regarding their personal data. Insofar as consent of the End User is necessary, you will be responsible for obtaining such consent.
8.7. Self-Care Resources shall use its best efforts to keep the personal data received from HCP and End Users strictly confidential and to implement appropriate technical and organisational measures to protect personal data against any form of unlawful and/or unauthorised personal data processing. Self-Care Resources shall provide its reasonable assistance to the HCP, in order for the HCP to comply with its obligations regarding the evaluation of the effectiveness of security measures, the security of personal data, and notifications of a data breach.
9. Payment
9.1. If you are an End User, there are no fees payable to Self-Care Resources for using the Service provided via your HCP, other than any standard data charges or fees applicable to downloading any applications from any app store.
9.2. The remaining provisions of this article 9 apply only to HCP users.
9.3. If you are an HCP, you shall pay to Self-Care Resources the agreed fees, as mentioned on the registration page for the Service, whether accessed through the Website or the mobile application (hereinafter “Subscription Fees”).
9.4. All Subscription Fees are in the currency as shown at the time of registration. Any taxes, levies, or duties will be made clear before completion of the transaction.
9.5. If you were offered a trial period, your Subscription Fees will not be payable immediately upon starting to use the Service. However, you will be required to provide a payment method an pre-authorise payment following the completion of the trial period. Unless you cancel the Service within the trial period, the Subscription Fees will be collected automatically upon the completion of that trial period.
9.6. Self-Care Resources may offer various subscription periods, such as monthly or annual subscription (the “Subscription Period”), with different Subscription Fees for each option.
9.7. Self-Care Resources is entitled to change its Subscription Fees at any time by notice to you. The changed fees will become applicable to you from commencement of your next Subscription Period (for example, the following month if on a monthly subscription).
9.8. All Subscription Fees are due in advance for the entire Subscription Period and shall be payable in advance by credit or debit card, PayPal, or any other payment processor that we may use from time to time. Self-Care Resources shall charge the amounts due through your preferred method as indicated on the payment page (through either the Website or mobile app) during your registration, and reserves the right to automatically charge the next and any Subscription Fees for the subsequent Subscription Period without notice to you unless you cancel your subscription not less than 24 hours prior to the end of the current Subscription Period.
9.9. If you fail to provide full and timely payments, you will immediately be in default without any advance demand or notice of default being required. From the time of default, Self-Care Resources may immediately terminate or suspend your access to, and use of, the Service, in whole or in part, including access to the Service by End User Accounts which are associated with your HCP Account.
9.10. Complaints regarding (parts of) the Service, or the invoice do not suspend your payment obligation.
9.11. To the maximum extent permitted by law, the Service is provided on a non-refundable basis. There will be no refunds or credits for partial months of Service, refunds for months of Service unused with an activated Account or for unauthorized use of an Account. None of the foregoing restricts your rights under any legislation applicable to you.
10. Intellectual Property Rights
10.1. The intellectual property rights - including but not limited to rights in domain names, trademarks, service marks, trading names, rights in know-how, copyrights, database rights, rights to use and protect confidentiality, rights in inventions, design rights, rights to source code, and any other intellectual property rights, whether capable of registration or not (hereinafter “IP rights”) - in relation to the Service, including the Content, are held by Self-Care Resources or its licensors. Nothing in the Terms of Service is intended to entail any transfer of IP rights to you.
10.2. Save to the extent that it is allowed by mandatory law, you may not reproduce or decompile the Service or Content or apply reverse engineering to it. Furthermore, removal and/or circumvention of security measures or technical limitations (to use) of the Service is not allowed.
10.3. If you are an HCP, you hereby grant to Self-Care Resources a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, distribute, adapt, publicly display, export, and make derivative works of the HCP Content solely to the extent required to deliver and improve the Service, and to fulfil the terms of these Terms of Service.
10.4. If you are an HCP, subject to your full and continued compliance with all obligations pursuant to these Terms of Service, Self-Care Resources grants you a limited, commercial, revocable, non-exclusive, non-sub-licensable and non-transferable right to use the Service for the purposes specified in these Terms of Service (and for no other purpose).
10.5. If you are an End User, subject to your full and continued compliance with all obligations pursuant to these Terms of Service, Self-Care Resources grants you a limited, personal, revocable, non-exclusive, non-sub-licensable and non-transferable right to use the Service for the purposes specified in these Terms of Service (and for no other purpose).
10.6. If you choose to provide feedback, input, suggestions, or testimonials relating to your experience with the Service (“Feedback”), then you hereby grant Self-Care Resources an unrestricted, perpetual, irrevocable, non-exclusive, royalty-free license to exploit the Feedback in any way for any purpose, including (but not limited to) improving the Service and creating other products and/or services.
11. Term and Termination
11.1. If you are an HCP, you agree that your use of the Service is for a definite period of time, either a month or a year (initial period). After the initial period has lapsed, your right to access to use the Service will automatically be renewed for the same period of time (month or year), subject to these Terms of Service.
11.2. If you are an End User, your use of the Service is not limited to any term. However, if the HCP Account that your Account is associated with is terminated, suspended, or cancelled for any reason, you will lose access to the Service at the same time as the relevant HCP Account without notice to you.
11.3. If you have signed up on the Website you can terminate your Account and access to the Service at any time within your Account. If you have signed up on an app store you can terminate by cancelling you subscription using the standard methods for that app store.
11.4. If you are an HCP and you terminate 24 hours or more before the end of the current subscription period, your cancellation will take effect at the end of the current subscription term and you will not be charged for the following subscription period. If you terminate less than 24 hours before the end of the current subscription period, your cancellation will take effect at the end of the next subscription term and fees will continue to be due and payable for the next subscription term.
11.5. Self-Care Resources has the right to immediately discontinue or to (temporarily) suspend its Service or to terminate this legal agreement with you, notwithstanding Self-Care Resources’ other rights and remedies, including its right to claim damages: - if you breach your obligations under the Terms of Service; or - in the event you go bankrupt or are granted a suspension of payments, as well as in the event your business is closed down or liquidated.
11.6. In the event your Account is terminated, you will not receive any refunds as a result of termination.
11.7. Upon termination of your access to the Services, Self-Care Resources shall deactivate your account, making your Account inaccessible to you. Self-Care Resources will not be obliged to provide any HCP Content or other information to you or convert or export such information.
11.8. If you are an HCP, after termination of your Account, for whatever reason, the End Users shall not be able to access any self-care recommendations assigned by that healthcare provider.
11.9. Any Account which has been deactivated for a period of 12 months will be permanently deleted, and all data and/or Content associated with the account will not be recoverable.
12. LIMITATION OF LIABILITY
12.1. TO THE FULLEST EXTENT PERMITTED BY LAW, SELF-CARE RESOURCES’ LIABILITY (AND THE LIABILITY OF OUR OFFICERS, EMPLOYEES, SUCCESSORS, SHAREHOLDERS, JOINT VENTURE PARTNERS OR ANYONE ELSE WORKING WITH US) UNDER ANY GUARANTEE, CONDITION OR WARRANTY, (INCLUDING, WITHOUT LIMITATION, ANY GUARANTEE, CONDITION OR WARRANTY OF MERCHANTABILITY, ACCEPTABLE QUALITY, FITNESS FOR PURPOSE OR FITNESS FOR DISCLOSED RESULT), OR ANY OTHER RIGHT OR REMEDY, UNDER ANY LEGISLATION OR IMPLIED INTO THESE TERMS OF SERVICE BY ANY LEGISLATION (SUCH AS STATUTORY WARRANTIES) IS HEREBY EXCLUDED.
12.2. WHERE SELF-CARE RESOURCES IS LIABLE UNDER ANY APPLICABLE LEGISLATION, AND ANY LEGISLATION AVOIDS OR PROHIBITS PROVISIONS IN A CONTRACT EXCLUDING OR MODIFYING THE APPLICATION OF, OR EXERCISE OF, OR LIABILITY UNDER, SUCH STATUTORY WARRANTIES, SELF-CARE RESOURCES’S LIABILITY FOR ANY BREACH OF SUCH STATUTORY WARRANTIES SHALL BE LIMITED, AT SELF-CARE RESOURCES’ OPTION, TO ONE OR MORE OF THE FOLLOWING:
a) IF THE BREACH RELATES TO GOODS: THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; THE REPAIR OF SUCH GOODS; THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR THE COST OF HAVING THE GOODS REPAIRED; AND/OR
b) IF THE BREACH RELATES TO SERVICES: THE SUPPLYING OF THE SERVICES AGAIN OR THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
YOU ACKNOWLEDGE AND AGREE THAT RELIANCE BY SELF-CARE RESOURCES ON THIS LIMITATION OF LIABILITY IS FAIR AND REASONABLE IN ALL THE CIRCUMSTANCES.
12.3. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELF-CARE RESOURCES (AND THE LIABILITY OF OUR OFFICERS, EMPLOYEES, SUCCESSORS, SHAREHOLDERS, JOINT VENTURE PARTNERS OR ANYONE ELSE WORKING WITH US) SHALL NOT BE LIABLE FOR ANY LOSS (INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, EQUITABLE, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER LOSS AND DAMAGE), HOWSOEVER CAUSED (INCLUDING THROUGH OUR NEGLIGENCE), WHETHER FORESEEABLE OR NOT, SUFFERED OR INCURRED BY YOU ARISING FROM OR IN CONNECTION WITH:
a) YOUR ACCESS TO, OR USE OF, THE SERVICE, ANY CONTENT (INCLUDING SELF-CARE RESOURCES MATERIALS AND HCP CONTENT) OR ANY LINKED SITE;
b) ANY DECISION OR ACTION TAKEN BY YOU IN RELIANCE ON ANY CONTENT OR HCP CONTENT;
c) ANY ERROR OR DEFECT IN THE SERVICE OR THE TECHNOLOGY USED TO DELIVER IT; OR
d) ANY CONTRAVENTION BY ANY OTHER USER OF ANY APPLICABLE LAWS.
12.4. THE MAXIMUM TOTAL LIABILITY OF SELF-CARE RESOURCES TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN RELATION TO THESE TERMS OF SERVICE, YOUR USE OR INABILITY TO USE ANY PORTION OF THE SERVICE, OR ANY OTHER ASPECT OF OUR BUSINESS RELATIONSHIP, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE FEES PAID BY YOU TO SELF-CARE RESOURCES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT THAT BECAME THE CAUSE OF LEGAL ACTION.
12.5. If you are located outside the United States, nothing in this article 12 shall operate to exclude or limit the liability of either party for:
a) death or personal injury caused by that party’s negligence; or
b) fraud or fraudulent misrepresentation
12.6. NOTHING IN THIS ARTICLE 12 SHALL OPERATE TO EXCLUDE OR LIMIT THE LIABILITY OF EITHER PARTY FOR ANY LOSS OR DAMAGE WHICH MAY NOT BE VALIDLY EXCLUDED OR LIMITED BY LAW.
13. Information on the Service
13.1. All Content available on the Service are demonstrations only.
13.2. If you are an HCP, you agree to take full responsibility for ensuring that any material (including exercise programmes, other Content and HCP Content) recommended for an End User are appropriate for that End User.
13.3. If you are an End User, you acknowledge that HCP is responsible to ensure that any material (including exercise programmes, other Content and HCP Content) recommended for you are appropriate for you.
13.4. Self-Care Resources does not endorse or recommend any information made available through the Service for any particular End User. It is the HCP’s responsibility to ensure material (Content and HCP Content) is appropriate for their End Users.
13.5. All information provided through the Service is for the specific purposes set out in these Terms of Service only and may not be sold, redistributed or used for any other purpose.
13.6. You may not use any part of the Service or the Content to negatively impact Self-Care Resources core business activities or business opportunities.
13.7. If you are an End User, there is always the risk of physical injury and/or death when participating in any self-care activity, including those provided in the Content. You acknowledge and accept this risk and take full responsibility for the results of your decisions, actions, and non-actions with regard to the Service, the Content, and HCP Content. If you feel discomfort or pain (including emotional/mental discomfort), you should immediately stop the activity causing such discomfort or pain and contact your HCP or an ambulance in the case of a medical emergency. If you have food allergies or intolerances it is your responsibility to check that none of the recipes/foods in the Content contain ingredients which you know could cause you harm. The dietary information guidelines provided on recipes are for guidance only and you are responsible for the use of any such information and you should make your own enquiries to check if the information is accurate and appropriate. By using the Service, you represent that you have fully informed your HCP of your medical history and existing conditions and have provided consent to participate (and continue to participate) in the material and recommended Content (including HCP Content) available to you on the Service.
13.8. If you are an End User, you agree that you will not use the Service, the Content, or the HCP content to engage in any activity which you know or suspect may cause you harm.
13.9. The Service may from time to time contain links to internet sites maintained by third parties. Such links shall be provided for your convenience and are not under Self-Care Resources’ control. Self-Care Resources is not responsible for the contents (including the accuracy, completeness or suitability for your intended use) of any linked site or any link contained in a linked site. Self-Care Resources does not endorse any information on linked sites or any associated organisation, product or service.
14. WARRANTIES AND INDEMNIFICATIONS
14.1. YOU WARRANT TO US THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS LEGALLY BINDING TERMS OF SERVICE AGREEMENT WITHOUT REQUIRING THE CONSENT OF ANY THIRD PARTY.
14.2. WE WARRANT TO YOU THAT WE HAVE THE AUTHORITY TO ENTER INTO THIS LEGALLY BINDING TERMS OF SERVICE AGREEMENT WITHOUT REQUIRING THE CONSENT OF ANY THIRD PARTY.
14.3. THE SERVICE AND ALL INFORMATION, CONTENT, AND HCP CONTENT AVAILABLE THROUGH IT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED.
14.4. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DO NOT WARRANT OR REPRESENT THE ACCURACY, COMPLETENESS OR SUITABILITY FOR YOUR INTENDED USE OF ANY INFORMATION OR ANY PART OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR HCP CONTENT) ON THE SERVICE. YOU ARE RESPONSIBLE FOR THE USE OF ANY SUCH INFORMATION AND YOU SHOULD MAKE YOUR OWN ENQUIRIES TO CHECK IF THE INFORMATION IS ACCURATE, COMPLETE AND SUITABLE FOR YOUR INTENDED USE.
14.5. SELF-CARE RESOURCES DOES NOT GUARANTEE:
a) THAT THE SERVICE SHALL BE AVAILABLE TO YOU AT ALL TIMES AND WITHOUT INTERRUPTIONS, FAULTS OR DISTURBANCES;
b) THAT THE SERVICE SHALL BE EFFECTIVE OR THE USE OF THE SERVICE SHALL LEAD TO CERTAIN RESULTS; OR
c) THAT THE INFORMATION PROVIDED THROUGH THE SERVICE SHALL BE ACCURATE, UP TO DATE AND COMPLETE.
14.6. SELF-CARE RESOURCES IS NOT RESPONSIBLE FOR (AND EXPRESSLY DISCLAIMS ALL LIABILITY TO YOU):
a) THE PURCHASE AND/OR THE PROPER OPERATION OF YOUR INFRASTRUCTURE;
b) LOSS, DAMAGE, INACCURACY AND/OR INCOMPLETENESS OF ANY CONTENT OR HCP CONTENT;
c) TRANSMISSION ERRORS, MALFUNCTIONS OR NON-AVAILABILITY OF ANY COMPUTER, DATA OR TELECOM FACILITIES, INCLUDING THE INTERNET;
d) ANY UNAUTHORIZED USE OR ATTEMPTED USE OF THE SERVICE;
e) MAKING BACKUP COPIES OF ANY CONTENT OR HCP CONTENT; OR
f) THE MANAGEMENT, INCLUDING CHECKING THE SETTINGS, THE USE OF THE SERVICE AND THE MANNER IN WHICH THE RESULTS OF THE SERVICE ARE USED.
14.7. SELF-CARE RESOURCES MAY PROVIDE APPLICATION PROGRAMMING INTERFACES TO ALLOW INTEGRATION OF THE SERVICE WITH OTHER SERVICES AND PLATFORMS. SELF-CARE RESOURCES IS NOT RESPONSIBLE FOR (AND EXPRESSLY DISCLAIMS ALL LIABILITY TO YOU) FOR SUCH OTHER SERVICES AND PLATFORMS WHICH THE SERVICE INTEGRATES WITH OR WHICH INTEGRATE WITH THE SERVICE.
14.8. YOU GUARANTEE THAT YOU WILL NOT USE THE SERVICE AND/OR THE CONTENT IN A WAY THAT:
a) INFRINGES THE RIGHTS OF SELF-CARE RESOURCES OR THIRD PARTIES, INCLUDING BUT NOT LIMITED TO IP RIGHTS OR RIGHTS IN RELATION TO THE PROTECTION OF PRIVACY;
b) IS CONTRARY TO ANY CURRENT LEGISLATION OR REGULATIONS; OR
c) IS CONTRARY TO ANY PROVISION IN THESE TERMS OF SERVICE.
14.9. YOU AGREE TO INDEMNIFY SELF-CARE RESOURCES AGAINST ALL COSTS, CLAIMS, DAMAGES AND EXPENSES WHICH SELF-CARE RESOURCES INCURS AS A RESULT OF - ANY CLAIM BY ANY THIRD PARTY BASED ON ANY INFRINGEMENT OR ALLEGED INFRINGEMENT OF SUCH PARTY’S IP-RIGHTS; - ANY CLAIM BY ANY THIRD PARTY BASED ON BREACH OF PRIVACY OR WRONGFUL USE OR DISCLOSURE OF PERSONAL DATA OR BREACH OF ANY LAW RELATING TO DATA OR RECORDS INCLUDING BUT NOT LIMITED TO YOUR OBLIGATIONS IN RESPECT OF THE PRIVACY OF YOUR END USERS AS SET OUT IN ARTICLE 6 ABOVE AND IN OUR PRIVACY POLICY; AND - ANY CLAIM BY ANY THIRD PARTY IN RESPECT OF ANY PERSONAL INJURY OR DAMAGE TO PHYSICAL PROPERTY SUFFERED BY THEM, TO THE EXTENT THAT THE SAME ARISES OUT OF ANY WRONGFUL OR NEGLIGENT ACT OR OMISSION BY YOU IN THE COURSE OF YOUR USE OF THE SERVICE TO PROVIDE SERVICES TO OTHERS.
15. Miscellaneous
15.1. Self-Care Resources may assign or subcontract rights and obligations arising from these Terms of Service to third parties. You are not permitted to assign or purport to assign to third parties any right derived from the Account without Self-Care Resources prior written consent which Self-Care Resources may grant or refuse in its sole discretion.
15.2. Headings are inserted for convenience and shall not affect the construction or interpretation of these Terms of Service. The singular includes the plural and vice versa. The male includes the female and vice versa.
15.3. If Self-Care Resources waives or delays enforcing, in whole or part, any rights or remedies available to us under these Terms of Service on any occasion, this does not prevent us from later enforcing those rights or remedies or mean that those rights or remedies waived on any other occasion.
15.4. To the fullest extent permitted under applicable law, you agree that you will only bring claims against us as an individual and never as a class member in any alleged class or representative proceeding, and you waive the right to a trial by jury if one exists.
15.5. To the fullest extent permitted under applicable law, no legal action arising out of, relating to, or in connection with these Terms of Service shall be brough by you more than one (1) calendar year after the cause of action took place. You and we hereby waive any provisions of law which would otherwise extend this time period or limitation. This period shall not be extended for any reason unless in writing and signed by both you and us.
15.6. We shall not be liable or responsible to you, nor will we have defaulted or breached these Terms of Services, for any failure or delay in fulfilling or performing any of our obligations under these Terms of Service to the extent such failure or delay is the result of acts or circumstances beyond our reasonable control.
15.7. If any portion of these Terms of Service is held to be unenforceable by a court of competent jurisdiction, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. If any provision in these Terms of Service shall be held by a court of competent jurisdiction to be contrary to law, that provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions in these Terms of Service will remain in full force and effect.
15.8. These Terms of Service and the use of the Service are governed by the laws of England and Wales.
15.9. To the extent that national or international rules of law do not prescribe otherwise as mandatory, any disputes that arise or are related to agreements concluded subject to these Terms of Service, or arise therefrom, will solely be submitted to the courts of England and Wales which will have exclusive jurisdiction with respect to any matters raised under these Terms of Service.
ADDENDUM 1 - Data Processing Agreement (DPA).
PARTIES AND EXECUTION
Entity details: Self-Care Resources Ltd., Europa House, Goldstone Villas, Hove, BN3 3RQ, United Kingdom.
VARIABLES
Parties’ relationship: Processor to Controller
Parties’ roles: The Healthcare Provider (HCP) will act as the Controller and Business (as defined in Section 1 of the Terms). Self-Care Resources Ltd will act as the Processor and Service Provider (as defined in Section 1 of the Terms).
Term: This DPA will commence on the date of agreement with the Terms of Service (above) and will continue until terminated by either party.
Breach Notification Period: Without Undue Delay after becoming aware of a personal data breach.
Sub-processor Notification Period: A reasonable timeframe before the new sub-processor is granted access to Personal Data.
Liability Cap: Each party’s aggregate liability under this DPA will not exceed the liability caps as per the Main Agreement.
Governing Law and Jurisdiction: Laws of England and Wales.
Data Protection Laws: All laws, regulations and court orders which apply to the processing of Personal Data, including in the European Economic Area (EEA), the United Kingdom (UK), the United States of America (USA), Australia and Other Jurisdictions or Locations. This includes the: European Union Regulation (EU) 2016/679; the Data Protection Act 2018; Privacy Act 1998; California Consumer Privacy Act of 2018 ( CCPA )/California Privacy Rights Act of 2020 ( CPRA ) each as amended from time to time.
Services related to processing:
Collection of Data: This includes the collection of users' personal data (names, email addresses, passwords) and patient plans, prescribed by practitioners, which can include videos, recipes, dietary advice, and meditation plans. If the patient opts in, their progress can be tracked via a calendar tick box system.
Storage of Data: The collected data is stored on secure AWS servers located within the EU.
Access and Modification of Data: The practitioners can update patient plans at any time. In case of any errors or changes, they can delete a patient record completely and recreate it.
Deletion of Data: Data is deleted after 6 months of inactivity. Also, at any point, a practitioner or patient can request that their account is deleted from our servers by contacting us via hello@jingselfcare.com.
Technical Support: Our technical support staff may access user data when necessary to resolve technical issues.
Duration of processing: The personal data collected is processed and stored for the duration of the user's active use of our services. In case of inactivity, the data is retained for a period of 6 months, after which it is automatically deleted. However, at any point, a user may request the deletion of their data by contacting us at hello@jingselfcare.com. Upon such a request, the user's data will be deleted promptly.
Nature and purpose of processing: The nature of the processing includes the collection, storage, access, and deletion of personal data, as well as tracking of patient progress when consent is given.
The purpose of these processing activities is to facilitate the delivery of personalized self-care routines to patients. This includes:
Collection: Gathering of necessary personal information (names, email addresses, passwords) to create user accounts for both practitioners and patients. In addition, the collection of patient plan data, prescribed by practitioners, which may include videos, recipes, dietary advice, and meditation plans.
Storage: Keeping this collected data securely on our AWS servers located in the EU to ensure the smooth operation of the app and to allow users to access their account and prescribed plans.
Access and Modification: Enabling practitioners to update patient plans as needed, thereby providing tailored self-care routines.
Tracking Progress: If patients consent, practitioners can track their progress via a calendar tick box system, which assists in monitoring the effectiveness of prescribed routines.
Deletion: Removal of data after 6 months of inactivity, or upon a user's request, ensuring that we do not retain personal data longer than necessary.
Technical Support: Occasionally, our technical support staff may need to access user data for the purpose of resolving technical issues, maintaining the functionality of the app, and improving user experience.
Personal Data: The types of personal data processed are:
Identifying Information: This includes the names and email addresses of both practitioners and patients, used for the creation and management of user accounts.
Account Data: This includes user-created passwords necessary for account security and access.
Patient Plans: Customized self-care routines prescribed by practitioners to patients. These may include videos, recipes, dietary advice, and meditation plans.
Progress Data: If consent is given by the patient, practitioners can track the patient's progress via a calendar tick box system.
Data subjects: The individuals whose Personal Data will be processed are:
Practitioners: Acupuncture practitioners who use the app to prescribe personalized self-care routines to their patients. Their personal data, including name, email address, and password, will be processed to create and manage their user accounts.
Patients: Individuals who receive customized self-care routines from their practitioners via the app. Their personal data, including name, email address, and optional progress data, will be processed to create their user accounts and to track their progress, if consent is given.
ANNEX 1
Security measures. Technical and organisational measures to ensure the security of Personal Data:
Data Encryption: We use encryption to safeguard electronic Protected Health Information (ePHI) transmitted over a network. For internet transmission of PHI, the HTTPS protocol is used along with SSL certificates. For data at rest, AES-level encryption is used where appropriate to protect ePHI maintained in a database, server, or other device.
Secure Storage: All data collected from users is securely stored on Amazon Web Services (AWS) servers, a reputable cloud service provider known for its robust security measures.
Limited Access: Access to personal data is limited to necessary personnel only, such as technical support staff who may need to access the information for resolving technical issues.
User-Controlled Data: Practitioners can update patient plans at any time, and they can delete a patient record completely and recreate it if necessary. A practitioner or patient can request that their account is deleted from our servers by contacting us.
Data Retention: We retain data only for as long as necessary. Specifically, data is deleted after 6 months of inactivity, or upon user request.
ANNEX 2
Sub-processors. Current sub-processors:
Amazon Web Services (AWS): AWS is a cloud service provider we use for data storage. All user data collected by our app, including personal information and patient plans, is securely stored on AWS servers located within the European Union.
PIT Solutions (PITS): PITS are a development company who provide technical support and maintenance.
TERMS
1. What is this agreement about?
1.1 Purpose. The parties are entering into this Data Processing Agreement ( DPA ) for the purpose of processing Personal Data (as defined above).
1.2 Definitions. Under this DPA: (a) adequate country means a country or territory that is recognised under Data Protection Laws from time to time as providing adequate protection for processing Personal Data, (b) Controller , data subject , personal data breach , process/processing , Processor and supervisory authority have the same meanings as in the Data Protection Laws , (c) Business and Service Provider have the same meanings as in the CCPA /CPRA , and (d) Sub - Processor means another processor engaged by the Processor to carry out specific processing activities with Personal Data
2. What are each party’s obligations?
2.1 Controller obligations. Controller instructs Processor to process Personal Data in accordance with this DPA, and is responsible for providing all notices and obtaining all consents, licences and legal bases required to allow Processor to process Personal Data.
2.2 Processor obligations. Processor will: (a) only process Personal Data in accordance with this DPA and Controller ’s instructions (unless legally required to do otherwise), (b) not sell, retain or use any Personal Data for any purpose other than as permitted by this DPA and the Main Agreement, (c) inform Controller immediately if (in its opinion) any instructions infringe Data Protection Laws, (d) use the technical and organisational measures described in Annex 1 when processing Personal Data to ensure a level of security approp riate to the risk involve d, (e) notify Controller of a personal data breach within the Breach Notification Period and provide assistance to Controller as required under Data Protection Laws in responding to it, (f) ensure that anyone authorised to process Personal Data is committed to confidentiality obligations, (g) without undue delay, provide Controller with reasonable assistance with: (i) data protection impact assessments, (ii) responses to data subjects’ requests to exercise their rights under Data Protection Laws, and (iii) engagement with supervisory authorities, (h) if requested, provide Controller with information necessary to demonstrate its compliance with obligations under Data Protection Laws and this DPA, (i) allow for audits at Controller ’s reasonable request, provided tha t audits are limited to once a year and during business hours except in the event of a personal data breach, and (j) return Personal Data upon Controller ’s written request or delete Personal Data by the end of the Term, unless retention is legally required.
2.3 Warranties. The parties warrant that they and any staff and/or subcontractors will comply with their respective obligations under Data Protection Laws for the Term.
3. Sub-processing
3.1 Use of sub-processors. Controller authorises Processor to engage other processors (referred to in this section as sub-processors ) when processing Personal Data. Processor’s existing sub-processors are listed in Annex 2.
3.2 Sub-processor requirements. Processor will: (a) require its sub - processors to comply with equivalent terms as Processor ’s obligations in this DPA, by (b) ensure appropriate safeguards are in place before internationally transferring P ersonal D ata to its sub - processor, and (c) be liable for any acts, errors or omis sions of its sub - processors as if they were a party to this DPA.
3.3 Approvals. Processor may appoint new sub - processors provided that they notify Controller in writing in accordance with the Sub - processor Notification Period.
3.4 Objections. Controller may reaso nably object in writing to any future sub - processor. If the parties cannot agree on a solution within a reasonable time, either party may terminate this DPA.
4. International personal data transfers
4.1 Instructions. Processor will transfer Personal Data outside the UK, the EEA or an adequate country only on documented instructions from Controller, unless otherwise required by law.
4.2 Transfer mechanism. Where a party is located outside the UK, the EEA or an adequate country and receives Personal Data: (a) that party will act as the data importer, (b) the other party is the data exporter, and (c) the relevant Transfer Mechanism will apply.
4.3 Additional measures. If the Transfer Mechanism is insufficient to safeguard the transferred Personal Data, the data importer will promptly implement supplementary measures to ensure Personal Data is protected to the same standard as required under Data Protection Laws.
4.4 Disclosures. Subject to terms of the relevant Transfer Mechanism, if the data importer receives a request from a public authority to access Personal Data, it will (if legally allowed): (a) challenge the request and promptly notify the data exporter about it, and (b) only disclose to the public authority the minimum amount of Personal Data required and keep a record of the disclosure.
5. Other important information
5.1 Survival. Any provision of this DPA which is intended to survive the Term will remain in full force.
5.2 Order of precedence. In case of a conflict between this DPA and other relevant agreements, they will take priority in this order: (a) Transfer Mechanism, (b) DPA, (c) Main Agreement.
5.3 Notices. Formal notices under this DPA must be in writing and sent to the Contact on the DPA’s front page as may be updated by a party to the other in writing.
5.4 Third parties. Except for affiliates, no one other than a party to this DPA has the right to enforce any of its terms.
5.5 Entire agreement. This DPA supersedes all prior discussions a nd agreements and constitutes the entire agreement between the parties with respect to its subject matter and neither party has relied on any statement or representation of any person in entering into this DPA.
5.6 Amendments. Any amendments to this DPA must be agreed in writing.
5.7 Assignment. Neither party can assign this DPA to anyone else without the other party's consent.
5.8 Waiver. If a party fails to enforce a right under this DPA, that is not a waiver of that right at any ti me.
5.9 Governing law and jurisdiction. The Governing Law applies to this DPA and all disputes will only be litigated in the courts of the Jurisdiction.
ADDENDUM 2 - HIPAA BUSINESS ASSOCIATE AGREEMENT
This Business Associate Agreement is an agreement between Self-Care Resources, Ltd., hereinafter referred to as “Business Associate” or "BA,” and you or the entity you represent, hereinafter referred to as the Covered Entity (CE).
By this Agreement, Self-Care Resources, Ltd. enters into an agreement to provide certain products and services to the Covered Entity (CE) in compliance with the requirements of the Healthcare Insurance Portability and Accountability Act of 1996, as amended (Pub. L. No. 104-191). In the course of performing these services, BA may have access to Protected Health Information (PHI) as defined under 45 CFR § 164.501. In the event of an inconsistency between the provisions of this Agreement and the mandatory provisions of 45 CFR § 164.501 (the HIPAA Privacy Rule), the Privacy Rule shall control.
Scope
The Business Associate acknowledges and agrees that any PHI in any form (including electronic form) which is received by, created by, stored by, disclosed to, or made available to the BA, is subject to all terms and conditions of this Agreement.
Term
The Term of this Agreement shall be effective as of the date documented above. This Agreement shall terminate when all of the PHI provided by Covered Entity to Business Associate, or created or received by Business Associate on behalf of Covered Entity, is destroyed or returned to Covered Entity; or, if it is infeasible to return or destroy PHI, protections are extended to such information, in accordance with the termination provisions in this Section. Also see Effect of Termination below.
Obligations and Activities of Business Associate
a) Business Associate agrees to not use or disclose PHI other than as permitted or required by the Agreement or as required by Law.
b) Business Associate agrees to use reasonable and appropriate physical, technical, and administrative safeguards to prevent unauthorized use or disclosure of PHI, or as provided for by this Agreement. Safeguards include, but are not limited to,
use of authentication and encryption to access and safeguard any PHI received from Covered Entit
use of authentication and encryption to secure devices controlled by BA
use of backup and restore technology for PHI maintained on devices controlled by BA
use of reasonable building and facility security to safeguard PHI on device controlled by BA
use of safe procedures to erase and delete PHI from devices no longer used by BA
c) Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to BA of a use or disclosure of PHI by BA in violation of this Agreement.
d) Business Associate agrees to report to the Covered Entity any use or disclosure of PHI of which it becomes aware that is not provided for by this Agreement.
e) Business Associate agrees to ensure that any agent, including a subcontractor, to whom it provides PHI received from the Covered Entity, agrees to the same restrictions and conditions that apply through this Agreement to the BA.
f) Business Associate agrees to provide access, at the written request of the Covered Entity, to any PHI covered under the terms of this Agreement.
g) Business Associate agrees to make any amendment(s) to PHI that Covered Entity directs or agrees to pursuant to 45 CFR § 164.526.
h) Business Associate agrees to make internal practices, books, and records, including policies and procedures relating to the use and disclosure of PHI, available to the Covered Entity, or to the Secretary, Dept of Human Services, in a reasonable time and manner for purposes of determining Business Associate’s compliance with the Privacy Rule.
i) Business Associate agrees to document and provide an accounting of such disclosures of PHI and information related to such disclosures as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 CFR § 164.528.
j) Business Associate authorizes termination of this Agreement by Covered Entity if CE determines that the BA has violated a material term of this Agreement.
Permitted Disclosures
Except as otherwise limited in this Agreement, Business Associate may
use or disclose PHI to perform functions, activities, or services for, or on behalf of the Covered Entity, provided that such use or disclosure would not violate the HIPAA Privacy Rule if done by Covered Entity itself.
use PHI for the proper management and administration of the BA’s business activities, or to carry out the legal responsibilities of the BA.
disclose PHI if the BA obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as required by Law or for the purpose for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.
use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with § 164.502(j)(1).
Covered Entity Obligations
The Covered Entity shall notify the Business Associate of any
limitation(s) in its Notice of Privacy Practices in accordance with 45 CFR § 164.520, to the extent that such limitation may affect BA's use or disclosure of PHI.
changes in, or revocation of, permission by Individual to use or disclose PHI, to the extent that such changes may affect BA's use or disclosure of PHI
restriction to the use or disclosure of PHI that Covered Entity has agreed to in accordance with 45 CFR § 164.522
Covered Entity shall not request Business Associate to use or disclose PHI in any manner that would not be permissible under the HIPAA Privacy Rule if done by Self Care Resources, Ltd..
Effect of Termination
Upon termination of this Agreement, for any reason, Business Associate shall return or destroy all PHI received from Covered Entity, or created or received by BA on behalf of Covered Entity. In the event that returning or destroying the PHI is infeasible, Business Associate shall provide to Covered Entity the conditions that make return or destruction infeasible. Business Associate shall retain no copies of the PHI. This provision shall apply to PHI that is in the possession of subcontractors or agents of Business Associate.
Termination for Cause
Upon Covered Entity's knowledge of a material breach by Business Associate, Covered Entity shall either:
Provide an opportunity for BA to cure the breach or end the violation, and terminate this Agreement if BA does not comply within the time specified by Covered Entity;
Immediately terminate this Agreement if BA has breached a material term of this Agreement and cure is not possible; or
If neither termination nor cure are feasible, Covered Entity may report the violation to the Secretary.
Amendment
The Parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for both parties to comply with the requirements of the Privacy Rule and the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191.
Survival
The respective rights and obligations of the Parties to this Agreement shall survive the termination of this Agreement.
Interpretation and Governing Laws
Any ambiguity in this Agreement shall be resolved to permit the Covered Entity and Business Associate to comply with the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, as amended, and any State privacy laws. Federal HIPAA privacy requirements pre-empt less restrictive State laws. State laws are not pre-empted if they are contrary to and more stringent than the federal requirements.