Last revised: September 22, 2017
PostureCo Cloud SyncScreen ("SyncScreen" or the "application") is owned and operated by PostureCo, Inc. (referred to herein as "PostureCo", "we", "us" and "our"). Your use of the SyncScreen is subject to the following terms and conditions.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SYNCSCREEN. BY USING SYNCSCREEN, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS APPLICATION. THESE TERMS OF USE APPLY TO EACH AND EVERY ACCOUNT USING SYNCSCREEN. You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the application and receipt of data, materials and information available at or through the application.
The examples described in these Terms of Use are not exhaustive. We may modify these Terms of Use at any time by posting a revised version on the PostureCo website at http://postureanalysis.com/cloud-syncscreens-customer-agreement.html. By using the application, you agree to the latest version of these Terms of Use. You also agree that your usage of this application and any other PostureCo product or service is also governed by PostureCo’s general Terms of Use, including its privacy policy, which can also be found on the PostureCo website. If you violate any of the Terms of Use or authorize or help others to do so, we may suspend or terminate your use of the application or any other PostureCo services and applications.
If you use SyncScreen, you are responsible for maintaining the confidentiality of your SyncScreen account and password and for restricting access to your devices. Further, you agree to accept responsibility for all activities that occur under your account or password. SyncScreen log-in credentials are for your internal use only and you may not sell, transfer or sublicense them to any other entity or person. Using a shared SyncScreen account is not permitted. Services provided by PostureCo are sold or provided on a fair usage basis. IT IS THE RESPONSIBILITY OF ALL HEALTH CARE PROVIDERS OR FACILITIES IN THE UNITED STATES TO HAVE A HIPAA BUSINESS ASSOCIATE AGREEMENT IN PLACE WITH COMPANIES THAT STORE PHI PATIENT DATA. IT IS THE RESPONSIBILITY OF THE HEALTHCARE PROVIDER/FACILITY TO ELECT AND SEND POSTURECO, INC THEIR BAA FORM TO SIGN ON BEHALF OF POSTURECO, INC. While all SyncScreen data stored by our SyncScreen service is encrypted and we can not "see" Protected Health Information ("PHI"), it is up to the facility to confirm a BAA is on file, not the responsibility of PostureCo.
You acknowledge that connecting to the SyncScreen service will allow you to store client Protected Health Information and Personally Identifiable Information data on the PostureCo controlled storage systems. The storage does not happen automatically and you may manually trigger the storage using the "upload" features. The storage systems are hosted by Amazon Web Services (AWS) in the USA only. You agree that you are responsible for any legal requirements relevant to your country or territory such as GDPR, HIPAA, and others. Before using SyncScreen you must review your situation with your own legal counsel. PostureCo does not provide legal interpretations of the laws relevant to you or your business. Additional information can be found here https://www.postureco.com/ and here https://www.postureanalysis.com/knowledge-base/hipaa-gdpr-regulations/
You may not use, or encourage, promote, facilitate or instruct others to use, SyncScreen for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive. You may not use SyncScreen to violate the security or integrity of any network, computer or communications system, software application, or network or computing device. You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. PostureCo reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
THE SERVICE OFFERINGS ARE PROVIDED "AS IS." WE AND OUR AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE OFFERINGS OR THE THIRD PARTY CONTENT, INCLUDING ANY WARRANTY THAT THE SERVICE OFFERINGS OR THIRD PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT OR THE THIRD PARTY CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
Without limiting anything stated above, we will implement reasonable and appropriate measures designed to help you secure your content against accidental or unlawful loss, access or disclosure. PostureCo will use commercially reasonable efforts to make SyncScreen available with a monthly uptime percentage of at least 95% during any monthly billing cycle.
One or more patents owned by PostureCo, Inc. or its affiliates applies to all PostureCo applications and services. A full list can be found at https://www.postureco.com/