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Intellectual Property

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to ORCHA Health Inc. and is protected by trade dress, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without ORCHA express prior written consent. Any extracts from the website that are reproduced for non-commercial purposes should be supported by a full acknowledgement and reference to ORCHA. The publishing of hyperlinks to external websites is for information and reference purposes. It does not imply any approval of their contents or commercial affiliation. ORCHA is not responsible for the accuracy, timeliness or relevance of such linked websites.

The ORCHA Assessment and Service

ORCHA provides an objective and independent assessment (“Assessment”) of digital health and medical products (“Products”). This is an advisory not regulatory service, but we do advise where regulatory issues may be important and should be considered further. It is however ultimately the responsibility of the developers and/or publishers of a Product to ascertain its compliance with all relevant regulatory standards. By choosing to access and use the Assessment, you acknowledge and agree to all the terms and conditions of use set forth herein. Please print and retain a copy of these Terms of Use. ORCHA may, from time to time, change these Terms of Use. When the terms are changed, ORCHA will post the updated terms and require you to review and accept the new terms before you continue to use Assessment. Your acceptance and subsequent use of the Assessment after such changes become effective constitutes acceptance of the new terms. If you do not agree to such changed terms, or if at any time you no longer wish to otherwise abide by these Terms of Use, you should not access or use the Assessment.

The Digital Health Assessment Framework (“DHAF”) involves a detailed ‘desktop’ analysis of Products looking across all the key areas of regulation and compliance. The DHAF is largely undertaken proactively as part of ORCHA’s ongoing assessment and monitoring of the whole digital health marketplace, and we assess the most downloaded and most recently updated Products and related products across over 250 health and care categories and conditions.

The DHAF is primarily an assessment of an products compliance with current standards, regulation, and good practice (together “Standards”). A standard is an agreed way of doing something. It could be about making a product, managing a process, delivering a service, or supplying materials – standards can cover a huge range of activities undertaken by organizations and used by their customers. Standards are the distilled wisdom of people with expertise in their subject matter and who know the needs of the organizations they represent – people such as manufacturers, sellers, buyers, customers, trade associations, users or regulators. They can be of regulatory significance or form non regulatory requirements or required best practice in a given jurisdiction or area.

The Standards we currently look at in the DHAF have been developed by The American College of Physicians (ACP) and the American Telemedicine Association (ATA) collaborating with industry leaders including ORCHA. More details on the DHAF and assessment criteria are available here: https://dhealthframework.org/

The ORCHA DHAF Assessment seeks to assess a Products performance through its compliance with these Standards. Our assessment is regularly updated to reflect changes in these Standards.

The higher the ORCHA Score achieved the more compliant the Product is with these Standards and vice versa. Whilst a high scoring Product is not guaranteed to be effective or safe, or a poorly scoring Product is not necessarily ineffective or unsafe, it does mean that the relevant Developer has taken more or less care over the Products compliance with these key Standards than other similar Products. In the critical area of health and care, we believe that developers should take compliance with Standards extremely seriously.

Some Products are technically medical devices and are regulated by the U.S. Food and Drug Administration (“FDA”) and in other jurisdictions by similar regulatory bodies. A Product of this nature should not be made available to the general public until it has been appropriately authorized by the FDA and any products we identify as uncertified medical devices are excluded from our general search.

If you become aware of any inaccuracy in the information presented in our Assessments or have any other concerns, please report this to us immediately at feedback@orchahealth.com.

ORCHA are not promoting or recommending any particular Products through this process but are providing impartial information about a Products compliance with Standards and a mechanism for end users to easily identify those Products that best meet those Standards and to check which ones don’t.

Inaccurate or misleading information

ORCHA Assessments are based on the information provided by Product developers the Product itself and/or available in the public domain via a connected website or the relevant ‘App store’. We are reliant on this information in undertaking our assessments and are not responsible for inaccuracies or errors in the information provided. Product Developers are governed in most jurisdictions by laws that require them not to make misleading or inaccurate statements about their products and if you believe that any information provided via our assessments are inaccurate or misleading please contact us at feedback@orchahealth.com and we will immediately investigate this. Even where the information provided is accurate, our Assessment cannot guarantee that a Product will perform as promised in any specific circumstances or that the Product is free now or in the future from any bugs or issues that might affect its performance. We accept no responsibility for any adverse effects of the Product or Digital Health Product in question.

Data & Privacy

All data is held in accordance with our Data & Privacy Notice available here: https://acplibrary.orchahealth.com/privacy-policy/

Medical/Professional Care and Advice

The content on our website is not intended to be a substitute for professional medical care by a qualified doctor or other suitable healthcare professional (“Professional“). You should always check with your Professional if you have any concerns about your health, your condition or any treatment you may be taking or planning to take.

IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. DO NOT RELY ON ELECTRONIC COMMUNICATIONS OR COMMUNICATION THROUGH ORCHA FOR IMMEDIATE, URGENT MEDICAL NEEDS. ORCHA’S SERVICES ARE NOT DESIGNED TO FACILITATE MEDICAL EMERGENCIES.

If you receive an Product Recommendation from a Professional via an ORCHA powered platform, the Recommendation is being made based on that Professionals judgement about the suitability of an Product for your specific needs and the information provided by ORCHA upon which the Professional is relying upon. The ORCHA Assessment and Score are in turn reliant on the accuracy of the information provided by the Product Developers themselves. Neither the Professional or ORCHA are responsible for inaccuracies or errors in that information. Even where the information provided is accurate, the ORCHA Assessment cannot guarantee that a Product will perform as promised in any specific circumstances or that the Product is free now or in the future from any bugs or issues that might affect its performance and neither the Professional or ORCHA can be held responsible for issues arising in these circumstances. If you are a healthcare professional, this website is intended to support and enhance, but not to replace your own judgment and knowledge.

General

You may not use this website for unlawful purposes, in any way that breaches Applicable law or regulation. You may not use our content fraudulently or for the purposes of generating unsolicited spam emails or computer viruses. These Terms and Conditions are governed by US law. We reserve the right to change our Terms and Conditions at any time, as they are updated to meet changing needs and any new legislation.

You assume full responsibility for using the information on this site, and you understand and agree that no ORCHA entity is responsible or liable for any claim, loss, or damage resulting from use of an Assessment by you or any other user.