Last updated on May 1, 2020
By clicking “Agree” or by downloading, installing, or using the SafetyNet App (defined below), or using SafetyNet, or any part of the SafetyNet system, you agree to be legally bound by these terms and any other terms and conditions that may be applicable to your use of the Masimo SafetyNet, in full, including any applicable third party licenses.
Masimo reserves the right to restrict in its sole discretion who is eligible to use the SafetyNet App, or set up an account, and to reject a request to create an account or close an account at any time without liability.
Please ensure that you have the latest version of the SafetyNet App, read the user manual and other instructions included in the SafetyNet App, 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.
SafetyNet can receive health data from various sources chosen by you and your healthcare provider. This data is collected by your compatible smart phone or mobile device that, when connected to the Internet by Wi-Fi or a cellular connection and if you have provided the necessary permissions in the SafetyNet App and on your smart phone or mobile device, will transmit your data to the SafetyNet App. This data can be accessed by your healthcare provider to monitor your health. This intended operation depends on Accessories and each of these connections operating reliably. Data will not be collected by SafetyNet if, for example, the source of the data, like a fingertip sensor, is removed from your body or is applied incorrectly, the Bluetooth connection on your smart phone is turned off or otherwise stops working, you close the SafetyNet App, or your smart phone does not have an active connection to the Internet. SafetyNet does not have a local alarm, meaning you will not be notified by SafetyNet if any of your health data indicates that your health or your life is in danger.
Your healthcare provider must also access the SafetyNet App to view your data or otherwise communicate with you through it. Even if your health data is successfully sent to the SafetyNet App, your healthcare provider will not be able to access your data if you have not properly established a connection with your healthcare provider through the SafetyNet App by, for example, clicking on the link provided to you by your healthcare provider, and your healthcare provider may not access the web portal in time to save your health or life. Do not depend on SafetyNet to notify you or anyone else, including your healthcare provider, that your health or your life is in danger. You should immediately call your healthcare provider or local emergency services if you are experiencing any adverse health conditions or if you think your health or life is in danger.
SafetyNet is designed to be a supplemental means of monitoring the health data collected by it. It is intended to be used in addition to, and not as a replacement for, the other precautions and instructions given to you by your healthcare provider. Follow your healthcare provider’s instructions. Failure to follow healthcare provider’s instructions or the failure to use SafetyNet as directed or the failure to understand its features and limitations may result in serious injury or death.
Masimo does not guarantee that SafetyNet will operate error-free, that you will be able to use it properly, that the Accessories from which is collects health data are fail-safe, or that the wireless and internet connections it depends on will not fail in some way. It is important that you understand that no system or device is foolproof, and you must take reasonable precautions in addition to using SafetyNet.
SafetyNet can be loaded with various “CarePrograms,” which are programs that may help your healthcare provider collect and monitor certain of your health data, sometimes at set intervals, to help your healthcare provider determine whether to provide you additional treatment or to change your current treatment. These CarePrograms should only be used by you as directed by your healthcare provider. Masimo makes no representations that these CarePrograms are appropriate for you, are sufficient or reasonable to use for any health condition, or will help treat your condition or save your life. Masimo does not offer any medical, clinical or diagnostic information, advice, or opinions as part of SafetyNet. You and your healthcare provider use any CareProgram at your own risk.
Before using SafetyNet, you must acknowledge and agree to all of the following:
Risk of System Failure. Depending on the Accessory, SafetyNet may require the Accessory to be connected wirelessly to your smart phone or mobile device using Bluetooth. Your smart phone or mobile device needs to be functioning, charged, and actively connected to Wi-Fi or a cellular network with working Internet access. If your smart phone or mobile device is not working properly or if the connection is lost between the Accessory and your smart phone or other mobile device, or there is a loss of the Wi-Fi or cellular connection or Internet access, SafetyNet will not operate reliably. These possible failures (among others) are why you should not rely on SafetyNet alone to monitor your health. As further detailed in Section 6 below (Disclaimer of Warranties), by using SafetyNet, you agree not to rely solely on SafetyNet to monitor your health and assume the risk that SafetyNet may fail.
Actions of Healthcare Providers. Masimo does not assume responsibility for any action or failure to act by your healthcare provider in the course of monitoring you through SafetyNet and Masimo expressly disclaims this responsibility. Additionally, your healthcare provider must access the SafetyNet web portal to view your data. Masimo is not responsible if your healthcare provider fails to do this.
No Medical Advice. As further detailed in Section 6 below (Disclaimer of Warranties), Masimo does not offer any medical advice or other opinions as part of SafetyNet. SafetyNet is not a substitute for medical care from an appropriate healthcare professional. Before using SafetyNet, you should consult with your healthcare provider and make sure you understand how SafetyNet works, its limitations, and what other procedures and precautions you should take in addition to using SafetyNet.
Risk of Use. You acknowledge that Masimo does not endorse, represent, warrant, or guarantee the truthfulness, accuracy, completeness, or reliability of any of the content in the SafetyNet App. You acknowledge that any reliance on any of this content is at your own risk.
No Provision of Medical Care. The SafetyNet App provides tools and information that are intended to help patients participate with their healthcare providers in the management of their care. All content that Masimo provides through the SafetyNet App, including all text, graphics, images, and other content, is provided for informational purposes only. The tools and information that the SafetyNet App provide are not intended to be, and are not, professional medical advice or a substitute for such advice, or for diagnosis, treatment, cure, or prevention of any health condition, and you should not rely on them as such. No doctor-patient relationship is formed by your use of the SafetyNet App, 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 from the SafetyNet App. You should never disregard professional medical advice or delay seeking professional medical advice, diagnosis, or treatment based on anything you read or obtain through the SafetyNet App. 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 from the SafetyNet App.
Non-Masimo Accessories. You acknowledge that Masimo does not endorse, represent, warrant, or guarantee the proper operation or reliability of any Accessory made by anyone other than Masimo. You acknowledge and agree that reliance on any non-Masimo Accessory is at your own risk. Masimo assumes no liability or responsibility for any errors or omissions in any non-Masimo Accessory or any of its contents or information provided to you through that Accessory.
1. SafetyNet. SafetyNet can receive and stores a user’s health data. This data can be displayed to the user and accessed and monitored remotely by the user’s healthcare provider or, if the user chooses, others, like family members or friends.
3. Accessories. SafetyNet can be paired with a supported Accessory. In addition to the above requirements, to use SafetyNet with an Accessory, you must (i) set up the Accessory (including applying it to your body, if applicable), (ii) connect it via Bluetooth to the smart phone or mobile device, and (iii) depending on the particular Accessory or if you intend to use a CareProgram, establish a connection with your healthcare provider, for example, by clicking on the link provided by your healthcare provider and following the directions. You acknowledge the importance of ensuring that you are only providing your health data to your healthcare provider under your user account and assume the risk to yourself or any other person of providing another’s health information, such as, by permitting another person to use your Accessory or use your account.
4. Changes. From time to time, Masimo may make changes to SafetyNet or to its features or operation. If any change is not acceptable to you, your only option is to stop using SafetyNet. Your continued use of SafetyNet after the changes are posted means that you accept the changes and any contract terms related to them.
5. Privacy Notice. By providing your personal information to Masimo or allowing the SafetyNet App to use the location services feature of your phone or mobile device, you are giving Masimo and its service providers permission to collect and use the information in connection with your use of SafetyNet. You are also agreeing that Masimo may collect, store, and share your personal information in accordance with Masimo’s Privacy Notice located at https://www.masimo.com/company/masimo/privacy (the “Privacy Notice”). Further, if you enroll in a CareProgram, you are agreeing that Masimo may provide your healthcare provider the information and data collected from or about you through SafetyNet.
6. Disclaimer of Warranties. Except where prohibited by applicable law and except for any standard limited warranty given by Masimo, SafetyNet, including the SafetyNet App, is provided “as is,” without warranty or representation of any kind, whether express, implied, or statutory, including, without limitation, any implied warranties of non-infringement, merchantability, fitness for a particular purpose, satisfactory quality, or reasonable care. Masimo does not represent or warrant that SafetyNet, including the SafetyNet App, will satisfy your requirements or that it is without defect or error or that its operation will be timely, uninterrupted or error free. Masimo does not warrant the accuracy of any results obtained from any Accessory not obtained from Masimo or an Accessory from Masimo that is not used in accordance with its instructions for use. You understand and agree that any download and use of the SafetyNet App is at your own discretion and risk and that you will be solely responsible for any damages that may result from the download or use of the SafetyNet App, including (without limitation) damage to your phone or mobile device or any loss of data. Under no circumstances will Masimo be liable to any user on account of that user’s use or misuse of SafetyNet. Some jurisdictions do not allow certain disclaimers or limitations of warranties, so some of these may not apply to you. For Apple users in such jurisdictions, in the event of any failure of the SafetyNet App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price for the SafetyNet App (if any) to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the SafetyNet App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the SafetyNet App to conform to any warranty will be Masimo’s sole responsibility.
You understand that Masimo does not provide medical or healthcare advice or services. SafetyNet is not a replacement for medical care, and you agree that you are solely responsible for obtaining proper treatment for your conditions. You should not stop any procedures for prevention or monitoring of your health condition that you were following before using SafetyNet, unless directed by your healthcare provider. SafetyNet is not meant to replace any of these procedures. You specifically acknowledge and agree that you have been informed not to rely on SafetyNet as your sole means of monitoring your health and that you will continue to use any and all monitoring procedures, precautions, and instructions given to you by your healthcare provider.
Masimo does not warrant and is not responsible for the actions or inactions of your healthcare provider, including, without limitation, a failure to respond to your health data transmitted through SafetyNet, any medical intervention that a healthcare provider may provide, or any other malpractice or negligence that may result from their actions or failures to act.
Masimo does not warrant and is not responsible for the operation or reliability of any non-Masimo Accessory and disclaims any liability for failure or errors by any non-Masimo Accessory.
The SafetyNet App 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. Masimo specifically disclaims any express or implied warranty of fitness for this purpose.
18. Resolution of Disputes.
(b) Each party will choose one arbitrator. The parties will attempt to agree on the third arbitrator. If the parties fail to agree on the third arbitrator within 20 days of the parties choosing their arbitrators, the American Arbitration Association (the “AAA”) will choose the third arbitrator. If the dispute involves patent law, despite anything to the contrary, every arbitrator will be an attorney that specializes in patent law.
(e) The United States Arbitration Act, as amended to date (the “Federal Arbitration Act”), will govern the interpretation, enforcement and all proceedings of the arbitration. To the extent that the Federal Arbitration Act is inapplicable, or held not to require arbitration of a particular claim or claims, the arbitration law of California will apply.
(i)If you are an Apple User, you and Masimo acknowledge that Masimo, not Apple, is responsible for addressing any claims by you or any third party relating to the SafetyNet App or your possession and/or use of the SafetyNet App, including, but not limited to: (i) product liability claims, (ii) any claim that the SafetyNet App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
(a) If you are a unit or agency of the United States Government, the following applies: The SafetyNet App is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in Subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in Subparagraph 252.227-7013 (c)(1)(ii) of the Rights in Technical Data and Computer Software at DFARS, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Masimo Americas, Inc.
(b) 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.
(g) 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.
20. Additional Terms for Apple App Store and Google Play Store Users
21. 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 (a) be aware of each patient’s unique medical history, (b) have an appropriate discussion with your patients to account for the risks and benefits of outpatient monitoring, and (c) choose the best course of action given the patient’s unique medical history. Accordingly, you agree that (1) you are solely responsible for ensuring that SafetyNet is appropriate for the patient, (2) you will provide adequate training to patients who use SafetyNet to ensure that it is used correctly, and (3) 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.