Effective date : January 5, 2023
Welcome to Crescendo Health. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:
- Email: email@example.com
- Address: 18 Bartol Street #980, San Francisco, CA 94133
Please read these Terms carefully. They cover important information about Services provided to you. These Terms include information about future changes to these Terms and limitations of liability.
What about my privacy?
What are the basics of using Crescendo Health?
Crescendo Health enables those who participate in Institutional Review Board (IRB) approved research studies to collect and store their health data, and to share their data with researchers. As part of participating in a research study, as noted in your Informed Consent Form, you may be required to provide us with certain information or data and authorizations to register. Where applicable, please refer to your Informed Consent Form for more information. Crescendo Health reserves the right to limit access to the Services to certain individuals who are participating or otherwise involved in clinical trials or other research studies. You agree to provide us with accurate, complete, and updated information about yourself. You may not utilize another person’s name or identifying information except with their authorization.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You should protect the security of your credentials or any other access tools. You are responsible for any activity associated with your use of Our Service. You will use the Services only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by law, then you aren’t authorized to use the Services.
No Medical Advice; Not for Emergencies
Crescendo Health does not offer medical advice or diagnoses, or engage in the practice of medicine. Our Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment and are offered for informational and communicative purposes only. The Services are not intended to be, and must not be taken to be, the practice of medicine, nursing, pharmacy or other healthcare advice by Crescendo Health.
The Services are not meant to diagnose or treat any conditions – only your medical professional can determine the right course of treatment for you and determine what is safe, appropriate and effective based on your needs. Crescendo Health is not responsible for the accuracy of information and materials it obtains from others and utilizes as part of the services. If you receive an independent clinical review from a medical professional through the Services, Crescendo Health is not responsible for the accuracy or appropriateness of the medical professional’s care or communications. You understand that by accessing or using the Services, you are not entering into a provider-patient relationship with Crescendo Health. You are solely responsible for any decisions or actions you take based on the information and materials available through the Services.
You acknowledge that although some User Content (defined below) may be provided by individuals in the medical profession, the provision of such User Content does not create a medical professional/patient relationship between you and Crescendo Health or between you and any other individual or entity, and does not constitute an opinion, medical advice, or diagnosis or treatment. Healthcare providers and patients should always obtain applicable diagnostic information from appropriate trusted sources.
THE SERVICES SHOULD NEVER BE USED AS A SUBSTITUTE FOR EMERGENCY CARE. IF YOU THINK YOU MAY HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, YOU SHOULD SEEK EMERGENCY TREATMENT AT THE NEAREST EMERGENCY ROOM OR DIAL 911.
What about messaging?
As part of the Services, you may receive communications through the Services, including messages that Crescendo Health sends you (for example, via email or SMS). By signing up for the Services and providing us with your wireless number, you agree that Crescendo Health may send you information regarding the Services, which may include Crescendo Health using automated dialing technology to text you at the wireless number you provided.
What are my rights in the Services?
When you use the Services as part of participation in a research study, as referenced in your Informed Consent Form, Crescendo Health may collect your health information on your behalf from the sources that hold it, may utilize it, and may share that information with the study. Your information will be shared only for the study’s use, and it will be collected for the length of the study. In some cases, you may be asked to provide authorizations to access certain healthcare records, such as those from your health insurance plan or providers.
You retain and have access to any health data from your routine clinical care collected on your behalf by Crescendo Health. You grant Crescendo Health certain rights. With respect to the data or other content or other materials you make available through the Service or share with other recipients (collectively, “User Data”), you represent and warrant that you own all right, title and interest in and to such User Data, including, without limitation, all copyrights and rights of publicity contained therein. By uploading or making available any User Data you hereby grant and will grant Crescendo Health a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, license to copy, display, upload, distribute, store, modify and otherwise use your User Data in connection with the development and operation of the Service.
We Retain All Rights To Our Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain data, data models, graphics, illustrations, derivative works, and other content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Crescendo Health, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Data. You agree to abide by all copyright notices, trademark rules, information, and restrictions contained in any Service Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Service Content not owned by you, (i) without the prior consent of the owner of that Service Content or (ii) in a way that violates someone else’s (including Crescendo Health’s) rights.
Crescendo Health grants you certain rights: subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) the Service Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Service Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Crescendo Health owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Service Content, but please remember that even where these functionalities exist, all the restrictions in these Terms still apply.
Are there restrictions in how I can use the Services?
You represent, warrant, and agree that you will not provide or contribute anything, including any User Data, to the Services, or otherwise use or interact with the Services, in a manner that:
(a) infringes on or violates the intellectual property rights or any other rights of anyone else (including Crescendo Health);
(b) violates any law or regulation, including, without limitation, privacy laws;
(c) is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(d) jeopardizes the security of your information or anyone else’s;
(e) attempts, in any manner, to obtain the password, account, or other security information from any other user;
(f) violates the security of any computer network, or cracks any passwords or security encryption codes;
(g) runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
(h) “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
(i) copies or stores any significant portion of the Service Content (defined below);
(j) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
Who is responsible for what I see and do on the Services?
Any information or Service Content publicly posted or privately transmitted through the Services is the sole responsibility of the person or entity from whom such Service Content originated, and you access all such information and Service Content at your own risk. We aren’t liable for any errors or omissions in that information or Service Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Service Content or what actions you may take as a result of having been exposed to the Service Content, and you hereby release us from all liability for you having acquired or utilized Service Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all User Data you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
The Services may contain links or connections to third-party websites or services that are not owned or controlled by Crescendo Health. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Crescendo Health is not responsible for such risks.
If there is a dispute between participants on this site or Services, or between users and any third party, you agree that Crescendo Health is under no obligation to become involved. In the event that you have a dispute with any user or third party, you release Crescendo Health, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
Children’s Online Privacy Protection Act
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 16 years of age.
We do not knowingly collect or solicit personally identifiable information from children under 16 years of age; if you are under 16 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us personal information, please contact us at firstname.lastname@example.org.
Will Crescendo Health ever change the Services or Terms?
We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We reserve the right to remove any Service Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed data in violation of these Terms), in our sole discretion, and without notice.
These Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at https://crescendo.health/terms, send you an email, and/or notify you by some other means.
If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes to the Terms.
Except for changes by us as described here, and where you have agreed to additional policies, rules, and/or conditions related to your participation in a research study, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
Do the Services cost anything?
The Services are currently free for individual users, but we reserve the right to charge for certain or all Services in the future. We will notify you and provide a reasonable time period before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.
What if I want to stop using the Services?
Crescendo Health is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. Crescendo Health has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights.
What else do I need to know?
Warranty Disclaimer. Crescendo Health and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Crescendo Health and all such parties together, the “Crescendo Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the Crescendo Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Crescendo Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. THE SERVICES AND CONTENT ARE PROVIDED BY CRESCENDO HEALTH (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE CRESCENDO PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE-HUNDRED ($100) DOLLARS OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, you agree to indemnify and hold the Crescendo Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Crescendo Health's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law. These Terms are governed by and will be construed under applicable federal law, and the laws of the State of California, without regard to the conflicts of laws provisions thereof.
Miscellaneous. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Crescendo Health agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Crescendo Health, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Crescendo Health, and you do not have any authority of any kind to bind Crescendo Health in any respect whatsoever. You and Crescendo Health agree there are no third-party beneficiaries intended under these Terms.