Terms of Use
The following terms and conditions (“Terms of Use”) govern the relationship between you, LucidAct Inc. (“LucidAct”), its affiliates, and subsidiaries, in relation to the use of our remote patient monitoring devices and associated services. By utilizing these devices and services, you agree to comply with and be legally bound by these Terms of Use. If you do not agree to these Terms of Use, you must immediately unenroll from the remote patient monitoring program.
We reserve the right to update or modify these Terms of Use periodically, and it is your responsibility to review the most current version. Your continued use of the remote patient monitoring devices and services constitutes your acceptance of the revised Terms of Use.
1. Acceptance of Terms
By enrolling in the Remote Patient Monitoring (“RPM”) program, you agree to comply with and be bound by these Terms of Use, which outline your responsibilities and the limitations associated with the use of our equipment and services.
2. Use of Equipment
The remote monitoring devices provided are for your personal health monitoring only, and you are the sole authorized user. These devices are supplied by your healthcare provider and must not be tampered with. You are responsible for any fees arising from misuse, damage, or failure to return the devices upon withdrawal from the program.
3. Program Participation
Participation in the RPM program is limited to one healthcare provider at a time. You agree to adhere to your healthcare provider’s recommendations and actively participate in the RPM program for a minimum of three months to derive the full benefit from the services.
4. Consent to Communication
By enrolling in the program, you consent to receive communications related to the RPM program, including phone calls and text messages from LucidAct, at the contact information provided by you or your healthcare provider.
Your email address may also be used to send you electronic communications. You may opt out of receiving these communications at any time by contacting us at caremanagement@lucidact.com or notifying our care managers during your monthly care management services.
5. Device Use and Monitoring Limitations
The provided devices are designed to collect and transmit vital health readings to an online platform. These devices are not emergency response units and are not monitored continuously. In the event of a medical emergency, you must contact emergency services at 911.
The devices may only be used in connection with the RPM and Chronic Care Management (“CCM”) programs and are not intended for any other purposes.
6. Ownership and Intellectual Property Rights
The software and intellectual property associated with the RPM devices and services are owned by LucidAct Inc. and protected by the intellectual property and copyright laws of the United States. LucidAct retains all rights, title, and interest in and to the software, including all patents, trademarks, copyrights, trade secrets, and other intellectual property rights.
You have no ownership or proprietary interest in any part of LucidAct’s intellectual property and may not use, copy, modify, or reverse-engineer any aspect of it without express written consent from LucidAct Inc. Unauthorized distribution or use of LucidAct’s intellectual property is strictly prohibited.
7. Data Transmission and Privacy
Your daily vital readings will be securely transmitted to the LucidAct platform and may be incorporated into your medical records. These records will be reviewed periodically and may be updated on a monthly basis.
8. Monitoring and Follow-Up
Your vital signs will be regularly reviewed by a remote healthcare professional. However, the RPM program does not provide real-time, continuous monitoring. You will receive a follow-up phone call every 30 days to discuss your health status and progress.
9. Device Activation and Support
Upon receipt of the monitoring device, you will receive a welcome call to assist with device activation. Our healthcare professionals are available to assist you during standard business hours, Monday to Friday, 9:00 AM to 5:00 PM ET. For emergencies, you must contact 911 directly.
10. Financial Responsibility
As with any Medicare benefit, you are responsible for any co-pays or out-of-pocket expenses associated with your participation in the RPM program.
11. Withdrawal from the Program
You may withdraw from the RPM program at any time by returning the monitoring device to your healthcare provider.
12. Limitation of Liability
To the extent permitted by applicable law, you assume full responsibility for any damages resulting from your use of LucidAct’s services, software, or equipment.
13. Unauthorized Access, Loss, or Corruption of Data
LucidAct Inc. is not responsible for unauthorized access to your data, facilities, or equipment, or for unauthorized access, alteration, theft, loss, or destruction of your data, files, or information through our system. You are solely responsible for ensuring the accuracy of all output generated by the system.
14. Indemnification
You agree to indemnify, defend, and hold harmless LucidAct Inc., its affiliates, officers, directors, agents, and other users from and against any claims, costs, or liabilities, including reasonable attorneys' fees, arising out of: (a) your use of the system; (b) any breach by you of these Terms of Use; (c) actions by any person accessing the system using your user ID; (d) actions by any person using your user ID, password, or other identifier that compromise the system, including but not limited to security breaches; and (e) your negligent or willful misconduct.
15. Changes to the Terms of Use
LucidAct Inc. reserves the right to amend these Terms of Use at any time without prior notice. Your continued access and use of the Website and services will be governed by the most recent version of these Terms of Use, which will be posted at https://www.lucidact.com/terms-of-use.