PharMe Terms of Use

Effective Date: May 2023

Acceptance of the Terms of Use

These Terms of Use are entered into by and between you and PharMe (“our,” “us,” or “we”). These terms and conditions, together with our Privacy Policy (collectively, “Terms of Use”), govern your access to and use of the PharMe mobile app (“App”), and related services (collectively, the “PharMe services”) as a user or as a visitor. Please read the Terms of Use carefully before using the App or any PharMe services.

By using the App, you agree to be bound and abide by these Terms of Use and our Privacy Policy.

If you do not want to agree to these Terms of Use, you must not use or access the App.

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and PharMe with respect to the App and PharMe services. These supersede all prior and concurrent understandings, agreements, representations and warranties, both written and verbal.

Your comments and concerns

This App is operated by PharMe, 1 Gustave L. Levy Pl, New York, NY 10029. Please direct all feedback, requests for technical help, and other communications about the App to: ehivepgx@mssm.edu.

Updates to the Terms of Use

We may revise and update these Terms of Use from time to time as we choose to. All changes are effective immediately when we post them and apply to all access and use of the App after that.

If you continue to use the App and PharMe services, after we post the revised Terms of Use, this means that you accept and agree to the changes. You are expected to check this page from time to time so you’re aware of any changes as they are legally binding on you. We recommend you check our Terms of Use each time you access the App.

What is PharMe?

Who we are

PharMe is an application to communicate pharmacogenomic testing results, i.e., how your DNA influences how medications work for you.

We understand that Protected Health Information is personal and private, and we are dedicated to maintaining the accessibility, integrity, and security of your Protected Health Information. We take your privacy seriously. Please review our privacy policy in the App.

Who we are not

Nothing on our App, in any of our other interactions with you, or in your use of any of PharMe’s products and services, should be construed as creating a physician-patient relationship between you and PharMe.

If you or someone you know is having a medical emergency, call 911 immediately.

Never disregard professional medical advice or delay seeking it because of something you have read on our App. PharMe does not engage in the practice of medicine.

PharMe services, and the content on our App, such as text, graphics, images, articles, and other materials (“Content”) is specifically for communicating guideline-based implications of your DNA on medication efficacy and safety, and otherwise only for general informational purposes. While we intend for all information on our App to be useful:

• We do not guarantee the accuracy, completeness, or usefulness of this information or adequacy of any resources, information, apparatus, product, or process on our App
• The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment
• Our App is not designed for the delivery of time-sensitive or life critical medical or health-related communications
• We do not guarantee that PharMe will review all material before it is posted on the App. Relying on such information is strictly at your own risk.

Who can use PharMe’s services

PharMe services are designed and intended for U.S. citizens who:

• Live in the U.S.
• Are age 18 and older
• Take part in the PharMe evaluation study

No one under age 18 may provide any health-related information to or through PharMe services unless PharMe confirms that such disclosure would comply with HIPAA and equivalent State law. By using PharMe services, you guarantee that you are a U.S. citizen and meet all of the eligibility requirements.

Your rights and responsibilities under this agreement

Guarantees you make

You guarantee that the information you provide to us about you will be current, true, accurate, supportable, and complete.

As part of PharMe services, users may have the ability to transmit Personally Identifiable Information (PII) and Protected Health Information (PHI) if allowed by HIPAA and equivalent State law.

• “Personally Identifiable Information” or PII, means any information that may be used to identify you, such as your:

• First and last name
• Age
• Gender
• Postal or e-mail address
• Phone number
• Other contact information, certain health information, or other personally identifiable information under an applicable law such as the Health Insurance Portability and Accountability Act (“HIPAA”) or an equivalent State law governing the use or disclosure of health information

• “Protected Health Information” or PHI, means:

• Information related to your physical or mental health, such as medical history, family history, medical diagnosis, health background, current health status, age, gender, sexual behavior and sexual orientation, demographic information (such as race, ethnicity, marital status, salary, education, political, religious, and trade union information)
• Information related to the diagnosis and treatment of health conditions, over-the-counter and prescription medicines, lab test results, payments for treatment, and health insurance information
• Other personally identifiable information under an applicable law such as HIPAA or an equivalent State law governing the use or disclosure of Protected Health Information and as defined by HIPAA

We do not claim ownership rights to your PII or PHI. However, if you submit PII or PHI into PharMe’s App, you grant us a non-exclusive, royalty-free, fully sub-licensable, transferable license to use, display, reproduce, and distribute (in whole or in part) to provide PharMe services. If we do, we will follow the rules of:

• These Terms of Use
• Our Privacy Policy
• The Health Insurance Portability and Accountability Act (HIPAA)
• The Health Information Technology for Economic and Clinical Health Act (HITECH)
• Other applicable Federal, State and international laws (including regarding the exporting of data or software), and regulations of these laws known together as “Privacy Laws”

Accessing the App and keeping your account secure

PharMe is dedicated to ensuring the accessibility, integrity, and security of your PII and PHI. However, you are responsible for keeping your account secure, such as:

• Ensuring that all persons with access to PharMe services are aware of these Terms of Use and have an opportunity to review, accept, and comply with them
• Providing registration, authentication, and security details that are correct, current and complete. To access PharMe services, we may ask you to provide this information. You agree that all information you provide to register with the App or any of PharMe services is governed by our Privacy Policy, and you consent to all actions we take with your information consistent with our Privacy Policy.
• Treating your user name, password, account, and any other information as part of our security procedures as confidential. You also acknowledge that your account is personal to you. You agree to accept responsibility for all activities that happen under your user name and password.
• Telling us immediately of any unauthorized access to, use or disclosure of your user name, password, or any other security violation or breach
• Exiting from your account at the end of each session
• Being careful when you access your account from a public or shared phone so that others are not able to view, track, or record your username, password, or other Personal Information

Linking to the App

You may link to our App, provided you link in a way that is fair and legal and does not damage our reputation or take advantage of it, or violate the Privacy Laws of any user. But, you must not link in a way that suggests we endorse, approve, or are associated with the content without our express written consent.

You may use the App and PharMe services only for lawful purposes in accordance with these Terms of Use, our Privacy Policy and Privacy Laws.

You agree not to use the App and PharMe services:

• In any way that violates Privacy Laws
• For purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content
• To send, receive, upload, download, use, or re-use any material that does not comply with the Content Standards identified in these Terms of Use
• To transmit any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation
• To impersonate or attempt to impersonate PharMe, a PharMe agent or employee, another user, or any other person or entity
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as determined by us, may harm PharMe or users of the App and PharMe services or expose them to liability

Additionally, you agree not to:

• Use the App in any manner that could disable, overburden, damage, or impair the site or interfere with any other user’s use of the App, including their ability to engage in real time activities through the App
• Use any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App
• Use any manual process to monitor or copy any of the material on the App or for any other unauthorized purpose without our prior written consent
• Use any device, software, or routine that interferes with the proper functioning of the App
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the App, the server on which the App is hosted, or any server, computer, or database connected to the App
• Attack the the App via a denial-of-service attack or a distributed denial-of-service attack
• Otherwise attempt to interfere with the proper working of the App

PharMe’s rights and responsibilities

PharMe is dedicated to ensuring the accessibility, integrity, and security of information you submit and post, including your PII and PHI.

How we protect and use your information

• PharMe ensures the accessibility, integrity, and security of information with built-in access controls, monitoring, and tracking features. Every login, action performed, and App usage is tracked and captured.
• If you share PII and PHI through PharMe’s App, you hereby grant us a non-exclusive, royalty-free, fully sub-licensable, transferable license to use, display, reproduce, and distribute (in whole or in part) in order to conduct the applicable research study in which you are participating, and to provide PharMe services, consistent with:

• These Terms of Use
• Our Privacy Policy
• The Health Insurance Portability and Accountability Act (HIPAA) and The Health Information Technology for Economic and Clinical Health Act (HITECH) (jointly, “HIPAA”)
• Other applicable Federal, State and international laws (including regarding the exporting of data or software), and regulations under these laws (collectively, “Privacy Laws”)

• You grant us and our respective licensees and successors the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material subject to your account settings and Privacy Laws.

Reliance on information posted

The information presented on or through the App and PharMe services is made available solely for communicating guideline-based implications of your DNA on medication efficacy and safety, and otherwise solely for general information purposes. We do not undertake to review all non-research-study material before it is posted on the App. While we intend for all information on our App to be useful, we do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

We are not liable or responsible for anything that happens due to anyone relying on information on the App, including:

• You
• Any other visitor to the App
• Anyone who may be informed of any of its content

Our App may include content provided by third parties, including:

• Other users
• Bloggers
• Educators
• Physicians
• Researchers, etc.

All statements and opinions expressed in these materials, and all articles and responses to questions and other content, are solely the opinions and the responsibility of the author. We are not responsible or liable for the content or accuracy of any materials authored by any third parties.

We have the right to disable any user name, password, or other identifier at any time in our sole discretion if, in our opinion, you have violated any provision of these Terms of Use or our Privacy Policy.

Disclaimer of warranties and acknowledgements

Your use of the App, and its content, and services obtained through the App is at your own risk.

You understand that we cannot and do not guarantee that files you download from the App will be free of viruses or other destructive code.

To the maximum extent permitted by applicable law, the App and related services are provided “as is” and “as available,” with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect thereto, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and noninfringement.

We do not guarantee, in writing or verbally, that the functions will meet your requirements, that any service will be uninterrupted or error-free, or that defects will be corrected. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply.

App changes, maintenance, and availability

We reserve the right to withdraw or amend the App, or any PharMe services, in our sole discretion without notice. We will not be liable if all or any part of the App is unavailable at any time, for any reason.

We will do scheduled system maintenance from time to time. During this time, updates to the App may be unavailable. We may need to do emergency maintenance at other times in the event of system failure. You specifically acknowledge that outage and downtime may occur. Use of our App is void where prohibited by regulation.

Monitoring, enforcement, and termination

In our sole discretion, we have the right to:

• Take any action with respect to any User Contributions that we deem necessary or appropriate, including if we believe that the User Contributions:

• Violates the Terms of Use, including the Privacy Policy and Content Standards
• Infringes any intellectual property right or other right of any person or entity
• Threatens the personal safety of the App users or the public
• Violates Privacy Laws
• Or could create liability for PharMe

• Share your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or privacy rights as stated in Privacy Laws
• Take appropriate legal action for any illegal or unauthorized use of the App or PharMe services, including without limitation, referral to law enforcement
• Terminate or suspend your access to all or part of the App or PharMe services for any violation of these Terms of Use

Without limiting what’s stated above, we have the right to fully cooperate with any law enforcement authorities, regulatory agencies, and administrative or court orders that request or direct us to share the identity or other information of anyone posting any materials on the App.

You waive and hold harmless PharMe and its licensees from any claims that result from any action PharMe and/or its licensees take:

• During, or as a result of its investigations
• As a consequence of investigations or other actions by PharMe, law enforcement, regulatory agencies, or private parties.

Geographic restrictions

PharMe is based in New York, in the United States.

• We provide this App for use only by people within the United States
• We make no claims that the App or any of its content is accessible, appropriate, or lawful outside of the United States
• Access to the App may not be legal by certain people or in certain countries
• If you access the App from outside the United States, you do so on your own initiative and are responsible for following local laws

Intellectual property rights

PharMe services, including our App (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement) are:

• Owned or controlled by ehive, its licensors or other providers of such material
• Protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws

Under no circumstances may the name PharMe or any of PharMe’s proprietary tools or services be used in any advertising or publicity without the express prior written permission of PharMe.

If you print, copy, change, download, use, or provide any other person or entity with access to any part of the App or PharMe services in violation or breach of these Terms of Use, your right to use PharMe services will end immediately and you must, at our option, return or destroy any copies of the materials you have made.

All rights not expressly granted are reserved by PharMe. No right, title, or interest in or to the App or any content on the App is transferred to you. Any use of the App or PharMe services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The following are trademarks of PharMe or its affiliates, licensors, or respective owners:

• PharMe’s name
• PharMe’s logo
• All related names, logos, product and service names, designs, and slogans

You must not use these without the prior written permission of PharMe.

Acknowledgement regarding text messages

To the extent the App or related services enables you to send or receive text messages, the standard text messaging rates or other carrier charges may apply.

Limitation of liability

We will not be liable for any loss or damage caused by:

• A distributed denial-of-service attack
• Viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items you get through the website, or to your downloading of any material posted on it, or on any website linked to it

In no event will PharMe, its affiliates, or their licensors, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use:

• The App
• Any websites linked to it
• Any content on the App or such other apps
• Or any services or items obtained through the app or such other apps

This also includes any direct, indirect, special, incidental, consequential or punitive damages, including, but not limited to:

• Personal injury
• Pain and suffering
• Emotional distress
• Loss of revenue
• Loss of profits
• Loss of income
• Loss of use
• Loss of goodwill
• Loss of data
• And whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable

Some areas do not allow the limitation of liability or exclusion of certain damages, so this limitation may not apply.

Indemnification

If you violate these Terms of Use or have any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees due to your use of the App including, but not limited to, your User Contributions, any use of the App’s content, and PharMe services, you agree to defend, indemnify and hold harmless PharMe, its affiliates, licensors and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns.

Governing law and jurisdiction

All matters relating to the App and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Amendments

Any amendments to and waivers under these Terms of Use shall only be valid if in writing and signed by an authorized officer of PharMe.

Waiver and Severability

No waiver by PharMe of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by PharMe to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provision of the Terms of Use will continue in full force and effect.

Arbitration agreement

You expressly agree that you will submit any dispute(s) arising from the use of these Terms of Use or the website, including their interpretation, violation, invalidity, non-performance, or termination, to binding arbitration under the rules of arbitration of the American Arbitration Association applying New York law in the county of New York.