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Masimo SafetyNet™ Terms of Use

Last updated on December 23, 2021

These Terms of Use apply to you if you are in the European Economic Area, the United Kingdom, Switzerland or Turkey. For the United States or other regions, please refer to the corresponding Terms of Use.

You accept these Masimo SafetyNet™ Terms of Use (“Terms”) and form a legally enforceable contract with Masimo Österreich GmbH, Mariahilfer Straße 136, 1150 Wien, Austria (“Masimo”) on behalf of the company or other legal entity you represent, and you personally (collectively hereinafter, “you”) by clicking “Agree” or by downloading, installing, accessing or using the SafetyNet mobile application or related remote software-as-a-service or “cloud services” offering (collectively, “SafetyNet”). Any reference to “SafetyNet” herein includes any component of SafetyNet. If we provide these Terms in the local language of your jurisdiction and English is not an official language of your jurisdiction, the version of the Terms in the local language of your jurisdiction is the one that applies to you.

Do not click “Agree” or download, install, access or use SafetyNet if you are not at least 18 years old, if you do not have authority to bind the entity you represent, or if you do not wish to consent to the Terms; under such circumstances, Masimo does not permit you to download, install, access or use SafetyNet. Use without permission may constitute intellectual property infringement, computer abuse and a violation of criminal laws.

Masimo reserves the right to modify, discontinue, or restrict or terminate access to SafetyNet in Masimo’s sole discretion, upon reasonable notice. You may stop using SafetyNet at any time.

1. Accessories. SafetyNet can be set up to receive and store data from accessories, devices, and other health applications that may be manufactured or provided by Masimo or another company (each of these, an “Accessory”). Some of these Accessories may be prescription medical devices provided to you on the order of your healthcare practitioner, such as Masimo’s Radius PPG™, in which case these Terms apply to your use of such Accessories as well. Please ensure that you have the latest version of SafetyNet and read the user manual and other instructions included in SafetyNet, or provided with any Accessory, for a full description of SafetyNet’s features, safety information, directions for use, its limitations, and other important information. You should also read the user manuals, product inserts, and any other documents provided by any non-Masimo Accessory manufacturer.

2. Limited Functionality:  Masimo makes SafetyNet available as a tool for individuals who want to track and share with others their health information, including with healthcare providers that can access SafetyNet to monitor patient health remotely by connecting to prescription Accessories. No component of SafetyNet is offered as a medical device for diagnostic, treatment or healthcare purposes. Any content that Masimo provides through SafetyNet, including all text, graphics, images, and other content, is provided for informational purposes only and not intended to be, or substitute for, professional medical advice, diagnosis, treatment, cure, or prevention of any health condition, and you should not rely on them for these. No doctor-patient relationship is formed by your use of SafetyNet, its contents, or any information that Masimo provides. You should always seek the advice of a physician or other qualified healthcare provider if you have questions about any physical or mental health condition or any of the information you receive through SafetyNet. You should never disregard professional medical advice or delay seeking professional medical advice, diagnosis, or treatment based on anything you read or obtain through SafetyNet. You should consult your doctor or other qualified healthcare provider if you have any questions about a medical condition, and before taking any drug, changing your diet, or commencing or discontinuing any course of medical or other healthcare treatment. Do not ignore or delay obtaining professional medical advice because of any information or other content you obtain through SafetyNet.

3. Disclaimer of Warranties. NOTHING IN THESE TERMS AFFECTS ANY STATUTORY RIGHTS THAT YOU ARE ENTITLED TO AS A CONSUMER AND THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER AND WAIVE. MASIMO OFFERS SAFETYNET WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND OTHER THAN THOSE IT IS REQUIRED TO OFFER UNDER THE APPLICABLE LAWS OF YOUR JURISDICTION.

SAFETYNET IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR RESALE AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF DIRECT LIFE SUPPORT MACHINES, IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MASIMO SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR THIS PURPOSE.

4. Limitation of Liability.

• If you are in Germany, the following paragraph applies: Masimo’s liability for damages caused by slight negligence, irrespective of its legal ground, shall be limited as follows: (i) Masimo shall be liable up to the amount of the foreseeable damages typical for this type of contract due to a breach of material contractual obligations; (ii) Masimo shall not be liable due to a slightly negligent breach of any other duty of care applicable. The aforesaid limitations of liability shall not apply to any mandatory statutory liability, in particular to liability under the local product liability act, and liability for culpably caused injuries of life, body or health. In addition, such limitations of liability shall not apply if and to the extent Masimo has assumed a specific guarantee.
• If you are outside Germany, the following paragraph applies: Nothing in these Terms is intended to exclude or limit the liability of Masimo for death or personal injury, fraud, fraudulent misrepresentation or any liability that cannot be excluded by law. Masimo is not responsible for (i) losses that were not caused by Masimo’s breach of these Terms; or (ii) any loss or damage that was not, at the time the relevant contract with you was formed, a reasonably foreseeable consequence of Masimo breaching these Terms. To the extent not prohibited by applicable law, in no event will Masimo or its affiliates be liable for any special, incidental, indirect or consequential damages whatsoever, whether the claim or damages are based on warranty, contract, extra-contractual liability, strict liability or any other legal theory, even if a party has been advised of the possibility of such damages, in connection with the use of, or inability to use, SafetyNet. Masimo shall also not be held liable for delay or failure in performance resulting from causes beyond Masimo’s reasonable control.  

5. Limited Rights. On the condition that you accept and comply with these Terms, Masimo grants you a non-exclusive, non-transferable, non-assignable, revocable, royalty-free and limited right to (A) install and use the SafetyNet application, in object code version, on your smart phone or mobile device and (B) access SafetyNet through a web browser for use in connection with SafetyNet (and for Apple Users (defined below), on an Apple or Mac device that you own or control and as permitted by the “Usage Rules” set forth in the terms of service for the Apple App Store which are available at https://www.apple.com/legal/internet-services/itunes/us/terms.html). Notwithstanding the non-transferable grant above, SafetyNet may be accessed and used by other accounts associated with you via Apple Family Sharing or volume purchasing. Masimo reserves ownership and all other rights not expressly granted in these Terms.

6. Choice of Law. These Terms and any disputes arising out of or related to these Terms or SafetyNet (“Dispute”) shall be governed by Austrian law. Notwithstanding the above, if you are a consumer, the mandatory provisions of the law of your country of residence apply. Any Dispute shall be exclusively subject to arbitration under the rules and auspices of the International Chamber of Commerce, Paris (“ICC”) in Vienna, except that individuals who use SafetyNet for personal, family or household purposes or as consumers are entitled to bring proceedings before the courts of their place of residence. Masimo does not and is not obligated to participate in alternative dispute resolution procedures before an alternative dispute resolution entity for consumers. The European Commission provides a website for online dispute resolution, dedicated to helping consumers and traders resolve their disputes out-of-court, available at http://ec.europa.eu/consumers/odr/.

7. Data Protection. Masimo processes your personal data in accordance with the Masimo SafetyNet Privacy Notice [insert link]. Please review the SafetyNet Privacy Notice for information about how Masimo collects, uses and discloses your personal data and rights you may have under applicable data protection laws.

8. Miscellaneous.

(a) You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

(b) If any provision in these Terms is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of these Terms shall remain in effect.

(c) Failure or delay on the part of either party to exercise any right, power, privilege, or remedy will not constitute a waiver of, or bar the later exercise of, that or any other right, power, privilege, or remedy of such party.

(d) Whenever required by the context, a singular term shall include the plural, and a plural term shall include the singular.

9. Additional Terms for Apple App Store and Google Play Store Users

(a) iOS and Mac users (“Apple Users”): You and Masimo acknowledge that these Terms are between you and Masimo only, and not Apple, Inc. or any of its affiliates (“Apple”). Certain provisions of these Terms apply only to Apple Users, and set forth certain rights and obligations as between you, Masimo, and Apple. Masimo, not Apple, is solely responsible for SafetyNet and the content therein. Notwithstanding the foregoing, upon your acceptance of these Terms, Apple has the right (and will be deemed to have accepted the right) to enforce these Terms against you as an intended third party beneficiary. To the extent that any usage restrictions for SafetyNet and its content are less restrictive or are otherwise in conflict with the “Usage Rules” under the terms of service of the Apple App Store, as of their effective date, Apple’s “Usage Rules” are incorporated by reference into these Terms and shall control solely to the extent of such deficiency or conflict.

(b) Google Play Store Users: To the extent that these Terms conflict with the Google Play Developer Distribution Agreement, available at https://play.google.com/about/developer-distribution-agreement.html (the “Google Play Store Agreement”), the terms and conditions of the Google Play Store Agreement are incorporated by reference into these Terms and will supersede these Terms solely to the extent that they conflict.

10. Updates. These Terms will govern any updates and upgrades to SafetyNet that may be provided to you in accordance with Masimo’s then-current maintenance and support policies, unless such updates and upgrades are provided under a separate agreement. You may use the updates or upgrades only in conjunction with your then-existing grant of rights under these Terms. SafetyNet and all updates and upgrades thereto are made available as a single product and the updates and upgrades may not be separated so as to exceed the scope of your original grant of rights.

11. Additional Terms for Healthcare Providers. This section applies only to healthcare providers using SafetyNet to monitor patients. As a healthcare provider, you acknowledge and agree that you are responsible for your patients, including to (i) be aware of each patient’s unique medical history, (ii) have an appropriate discussion with your patients to account for the risks and benefits of outpatient monitoring, and (iii) choose the best course of action given the patient’s unique medical history. Accordingly, you agree that (i) you are solely responsible for ensuring that SafetyNet is appropriate for the patient, (ii) you will provide adequate training to patients who use SafetyNet to ensure that it is used correctly, and (iii) you will make the patient aware of the features, limitations, and risks of using SafetyNet. These limitations and risks include, among others, that SafetyNet requires patients to have a reliable smart phone or mobile device and a reliable connection to the Internet (either through Wi-Fi or a cellular data connection), SafetyNet is not fail-safe or error-proof, SafetyNet does not have an alarm, and SafetyNet does not provide data in real-time to a healthcare provider or anyone else, but rather depends on the healthcare provider initiating access to the patient’s data. Further, SafetyNet is a supplemental monitoring system and does not replace other prudent medical practices that you should advise a patient to follow, including, without limitation, advising the patient to call emergency services when warranted. Neither you nor the patient should rely on SafetyNet to contact emergency services.