Terms

MediGO, Inc. (“MediGO”), as part of CareDx, Inc., provides its platform via browser and mobile applications (collectively, the “App”) to you for use in connection with transplant logistics management services. These terms, including any additional terms and conditions communicated to you through email, SMS, or the App (collectively, the “Terms”), apply whenever you access or use the App including, without limitation, when you access or use the App in your capacity as an employee, agent, or representative of an Organ Procurement Organization (“OPO”) or as a medical professional having been granted permission to access the App by an affiliated OPO.

BY AGREEING TO THESE TERMS, YOU HEREBY CONSENT TO RECEIVE TEXT MESSAGES AND EMAILS FROM MEDIGO AND MEDIGO’S AFFILIATES TO PROVIDE YOU WITH INFORMATION REGARDING THE APP. YOU MAY NOT USE THE APP IF YOU DO NOT AGREE TO THESE TERMS.

Subject to your compliance with these Terms and all applicable international, federal, state, and local laws, rules, and regulations, we grant you a limited, revocable, nonexclusive, non-sublicensable, non-transferable, license to use the App solely for transplant logistics management. The App may only be installed on devices approved by MediGO. Access to the device may be restricted by an applicable OPO. The OPO is solely responsible for providing access, authorization, and/or credentialing for your use of the App. If you encounter an access, authorization, and/or credentialing problem, please contact the affiliated OPO.

If you are using assistive technology to access the App and need help, you may contact MediGO at (443) 961-9444, at support@gomedigo.io, or using the contact form on the MediGO website (www.gomedigo.io).

The App is offered and only intended for users who are 18 years of age or older. By using the App, you represent and warrant that you are 18 years of age or older. If you do not meet this requirement, you must not access or use the App.

By using the App, you acknowledge and agree to these Terms.  These Terms are concluded between you and MediGO only. MediGO is solely responsible for the App, including providing any maintenance or support for the App.

Changes to Terms

MediGO may modify or update these Terms from time to time in its sole discretion. All changes are effective immediately once posted. Your continued use of the App following the posting of revised Terms means that you accept and agree to the changes. You are encouraged to check this page from time to time, so you are aware of any changes, as they are binding on you.

Account Security

You are responsible for making all arrangements necessary for you to have access to the App and ensuring that all persons who access the App through your Internet connection, on your behalf, or are authorized by you to do so are aware of these Terms and comply with them.

To access the App or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the App that all the information you provide to MediGO for this purpose is correct, current, and complete. You agree that all such information you provide is governed by MediGO’s Privacy Notice, and you consent to all actions taken with respect to your information consistent with this Privacy Notice.

If you choose, or are provided with, a username, password, or any other piece of information as a security procedure, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you. You agree not to provide any other person with access to the App using your username, password, or other security information. As such, you are responsible for maintaining the confidentiality of your password and account, and any and all activities that occur under your account. It is your user responsibility to change the password to your account on a regular basis. You agree to notify MediGO immediately of any unauthorized access to or use of your username or password, or if you suspect your account has been otherwise compromised.

MediGO reserves the right to disable any username, password, or other identifier at any time with reasonable suspicion that you have violated any provision of these Terms, including any nonpayment of fees owed to MediGO, or MediGO’s Privacy Notice.  If MediGO has reason to believe that the security of your access to the App or the security of your account, username, or password has been compromised, MediGO may immediately change your password or suspend your access to the App and notify you of this occurrence.  

Privacy Notice

Any information provided by you to MediGO or information MediGO collects in connection with your use of the App is subject to MediGO’s Privacy Notice,  which is incorporated into these Terms by reference. 

Ownership

The App and all rights therein are and will remain the property of MediGO or MediGO’s licensors. Neither these Terms nor your use of the App grant or convey to you any rights in or related to the App except for the limited license to use the App granted to you above. All trademarks, service marks, and logos that are used or displayed on the App are owned by MediGO or MediGO’s licensors. You must obtain MediGO’s written permission prior to using any MediGO trademark or service mark. Unauthorized use of any trademarks, service marks, or logos may be a violation of state, national, and international intellectual property laws. Additionally, MediGO’s custom icons, graphics, logos, scripting, and the “look and feel” of the App are covered by trademark, trade dress, copyright, or other proprietary right law, and may not be copied, modified, or used, in whole or in part, without prior written permission.

Short Message Service (SMS)

In connection with your use of the App, you or an affiliated OPO may provide (or may have provided) to MediGO your mobile phone number. MediGO will use your phone number to provide access to MediGO’s automated SMS text service which will allow you to receive notification and updates pertaining to any route, delivery, logistics, or other analytical data which you or an affiliated OPO may have subscribed. The following terms apply to your use of MediGO’s SMS:

1. You can cancel the SMS at any time. Just text or reply “STOP” to the short code provided. After you send the “STOP” message, MediGO will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive text messages from MediGO. If you want to join again, just re-enroll in the SMS.
2. If you are experiencing issues with the SMS, you can reply with the keyword “HELP” for more assistance, or you can get help directly at support@gomedigo.io.
3. MediGO is not liable for any delayed or undelivered messages.
4. Wireless carriers or service providers are not liable for delayed or undelivered messages.

Message and data rates may apply for any messages sent to you from MediGO and to MediGO from you. You will receive messages synchronized with trip-related events according to your subscription preferences. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

If you have questions regarding how MediGO will use your phone number (or email), please read MediGO’s Privacy Notice.

No Provision of Medical Advice

MEDIGO DOES NOT PROVIDE MEDICAL ADVICE, MEDICAL OR OTHER PROFESSIONAL SERVICES, OR ANY GUIDANCE OR SUGGESTED DIAGNOSIS OR TREATMENT OR ANY OTHER FORM OF MEDICAL SERVICES.

HIPAA and Personal Information 

When using the App, you may have visibility to individually identifiable health information and/or protected health information (“PHI”) (as defined under the Health Insurance Portability and Accountability Act of 1996, as amended, (“HIPAA”) and its implementing regulations), or other information associated with or capable of being associated with a natural person (collectively, “Personal Information”) of individuals involved in human organ transplants, including organ donors and recipients. 

You agree and acknowledge that your visibility and potential access to Personal Information when using the App shall be in accordance with these Terms, MediGO’s Privacy Notice, all applicable provisions of HIPAA’s privacy, security, and breach  regulations, and any other applicable international, federal, state, or local laws, rules, and regulations (collectively, the “Privacy Laws”). By using the App to retrieve, view, display, or otherwise access Personal Information, you expressly warrant and represent as of the time of each such access, with respect to each such individual whose Personal Information you are accessing, that (i) your access to such information is permissible or lawful and does not violate any applicable Privacy Laws; and (ii) your use and disclosure of any Personal Information obtained from your use of the App is in accordance with any applicable Privacy Laws.  

To the extent that you have disclosed, provided, or otherwise made available Personal Information of individuals, including your patients, donors, recipients, business partners, or others on this App, you acknowledge and agree that you are responsible for ensuring that your use and disclosure of their Personal Information complies with all applicable Privacy Laws.  

Uptime Commitment

MediGO is committed to 99.5% up-time to all customers per month with the following exceptions not to impact the percentage:

1. Scheduled Maintenance (as defined below); or
2. Any cause attributable to any action or failure under the control of the customer.
3. A Force Majeure Event; or
4. Unavailability that results from an outage of a third-party provider of data to MediGO, but solely to the extent such third-party provider’s outage was not caused by a reasonably avoidable act or omission of MediGO.

For purposes of this Section, “Scheduled Maintenance” means any interruptions of Services pursuant to the following schedule:

1. Down-time of 20 min maximum between 22:00 U.S. and 04:00 U.S. US central time.
2. Maximum twice per year: maintenance and upgrade downtime for a cumulative period of 2 hours maximum, between Saturday 22:00 and Monday 04:00 US central time, or Tuesday in case that Monday is a federal holiday.
3. Maximum twice per quarter: release downtime for a cumulative period of 30 min maximum, between Saturday 22:00 and Monday 04:00 US central time, or Tuesday in case that Monday is a federal holiday.

Disclaimer of Warranties

THE APP AND ALL DATA OR INFORMATION PRESENTED THROUGH THE APP ARE PROVIDED TO YOU ON AN “AS-IS,” “AS-AVAILABLE” BASIS. MEDIGO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MEDIGO MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE APP OR ANY INFORMATION, OPINIONS, MATERIALS AND/OR SERVICES PROVIDED THEREUNDER. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION YOU OBTAIN FROM THE APP BEFORE RELYING ON IT. USE OF THE APP IS AT YOUR SOLE RISK. MEDIGO MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE APP WILL BE UNINTERRUPTED, COMPLETELY SECURE, VIRUS-FREE, OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER WRITTEN, ORAL, OR MULTIMEDIA, OBTAINED BY YOU FROM THE APP WILL CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Your Indemnification Obligations

You agree to indemnify, defend, and hold MediGO and MediGO’s subsidiaries, affiliates, officers, agents, employees, contractors, partners and licensors harmless from and against any and all suits, actions, losses, claims, proceedings, demands, expenses, damages, settlements, judgments, injuries, liabilities, obligations, risks, and costs, including, without limitation, reasonable attorneys’ fees, relating to or arising out of: (i) your use of the App; (ii) your violation of these Terms; (iii) your negligence, fraud, or willful misconduct; and/or (iv) your violation of any law or regulation or any rights of another entity or individual. MediGO reserves the right, at your expense, to assume the exclusive defense and control of any matter which you are required to indemnify against, and you agree to cooperate in MediGO’s defense of such matter. This indemnification will survive any termination of these Terms.

Reservation of Rights

MediGO reserves the right to seek all remedies available at law and in equity for any violations of these Terms. MediGO may, without notice, temporarily or permanently, suspend, disable or block your access to the App if MediGO, in its sole discretion, believes there is a violation of these Terms or any applicable law, rule or regulation. MediGO may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.

Links to Third Party Sites

There may be links within the App that will take you to websites operated by third parties.  Those links are subject to the respective terms of use and privacy notices of those third parties.  These linked websites are not under the control of MediGO.  MediGO is not responsible for the contents of any linked websites, or any link contained in a linked website.  MediGO is providing these links to you only as a convenience; and the inclusion of any links does not imply endorsement by MediGO of any linked websites. 

Limitation of Liability

YOUR USE OF THE APP, ANY CONTENT ON THE APP, OR MEDIGO SERVICES IS AT YOUR OWN RISK.

MEDIGO WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE APP, INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, SERVICES AND/OR PRODUCTS PROVIDED TO YOU ON OR THROUGH THE APP.

MEDIGO WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR USERNAME, PASSWORD, OR ACCOUNT, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. YOU MAY BE HELD LIABLE FOR ANY LOSSES INCURRED BY MEDIGO OR ANOTHER PARTY DUE TO SOMEONE ELSE USING YOUR USERNAME, ACCOUNT, OR PASSWORD.

YOU ACKNOWLEDGE THAT MEDIGO’S TOTAL LIABILITY TO YOU RELATING TO THESE TERMS FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO TEN UNITED STATES DOLLARS ($10.00). YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE A FULL UNDERSTANDING OF THE LIMITATION OF LIABILITY SET FORTH IN THIS PARAGRAPH.

Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

Last updated October 1, 2023.