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Terms of Service

  1. ZenVault Medical

    ZenVault Medical – Terms of Use

    LAST UPDATE OF THESE TERMS OF USE: January 19, 2016

    THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ZENVAULT MEDICAL CORPORATION (HEREINAFTER “ZENVAULT”) STATING THE TERMS THAT GOVERN YOUR USE OF THE ZENVAULT ONLINE PERSONAL HEALTH RECORD SERVICE (HEREINAFTER THE “SERVICE”). PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE ENTERING OR USING THE SERVICE. THESE TERMS OF SERVICE (HEREINAFTER THE “AGREEMENT”) – TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF ZENVAULT’S RULES AND POLICIES – COLLECTIVELY CONSTITUTE THE AGREEMENT BETWEEN YOU AND ZENVAULT. IN THIS AGREEMENT, ZENVAULT, ITS SUCCESSORS AND ASSIGNS WILL BE REFERRED TO AS “US” OR “WE,” AND YOU WILL BE REFERRED TO AS “YOU.” TO AGREE TO THESE TERMS, CLICK “I AGREE.” IF YOU DO NOT AGREE TO THESE TERMS, CLICK “I DISAGREE,” AND YOU WILL NOT BE PERMITTED TO USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS WILL NOT BE ACCEPTED AND WILL UNDER NO CIRCUMSTANCES BECOME PART OF THIS AGREEMENT. ZENVAULT MAY REFUSE ACCESS TO THE SERVICE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.

    Definition of the Service.

    ZenVault is the provider of the Service. The Service permits users to upload medical, dental, pharmacological, In Case of Emergency (“ICE”), and estate planning records (collectively, your “Personal Medical Record”), either for a fee or free of charge, under certain terms and conditions as set forth in this Agreement.

    What ZenVault and/or the Service DO NOT do.

    ZenVault does not provide medical, dental, diet, nutrition, wellness or other health care services in the form of a diagnosis, medical advice, drug therapy, psychological or psychiatric analyses or any other type of medical treatment. ZenVault strongly recommends that you seek local, licensed, professional assistance and advice for any health issue or condition you may be experiencing.

    What You Receive Upon Registration.

    Clicking “I AGREE” below means you agree to the terms and conditions stated herein and that you have applied to ZenVault for a license to use the Service. ZenVault may, at its sole discretion, deny or otherwise decline to accept your application. Upon ZenVault’s acceptance of your application, you will be issued a password, Encryption Key, and login information. ZenVault will also grant you a non-exclusive, personal, revocable, non-transferable license to use the Service and the underlying proprietary software, under the condition that you adhere to the terms and conditions herein and that you agree not to copy, modify or reverse engineer our software. You further agree that you will always access our Service through the customer interface; entering into our proprietary software or Service through any other means is strictly prohibited, will be considered trespass, and will be prosecuted to the fullest extent of the law.

    The license allows you to use the Service for your personal, non-commercial use. Any commercial and/or non-personal use of the Service is prohibited.

    Precautions and Liability

    DO NOT ATTEMPT TO INTERPRET OR OTHERWISE DRAW CONCLUSIONS ON YOUR OWN FROM ANY NOTATIONS OR INFORMATION FOUND WITHIN YOUR PERSONAL MEDICAL RECORD WITHOUT THE DIRECT ASSISTANCE OF THE PERSON(S) WHO MADE SUCH NOTATIONS, DIAGNOSES, OR TREATMENT PLANS, OR WITHOUT CONSULTING A MEDICAL PROFESSIONAL TRAINED TO UNDERSTAND SUCH NOTATIONS. THE SERVICE DOES NOT CLAIM TO BE A COMPREHENSIVE MEDICAL COMPILATION OF YOUR ENTIRE MEDICAL HISTORY; YOU AND YOU ALONE KNOW WHO HAS SEEN AND TREATED YOU, AND YOU MUST OBTAIN ALL SUCH RECORDS FROM ANYONE WHO HAS TREATED YOU TO MAKE A COMPLETE HISTORY. THE MEDICAL HISTORY ON THE SERVICE IS ONLY AS COMPLETE AS THE MEDICAL RECORDS YOU PROVIDE TO THE SERVICE. IT IS NOT ADVISEABLE TO DELETE OR ALTER ANY OF YOUR RECORDS, NO MATTER WHAT THOSE RECORDS MAY OR MAY NOT CONTAIN, WITHOUT SPEAKING WITH YOUR PHYSICIANS. IT IS ENTIRELY POSSIBLE THAT SOMETHING YOU DELETE OUT OF FEAR, IGNORANCE OR EMBARRASSMENT MAY SOMEDAY SAVE YOUR LIFE. BECAUSE YOU AND YOU ALONE HAVE CONTROL OF WHAT YOUR PERSONAL MEDICAL RECORD CONTAINS, ZENVAULT ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF THE CONTENT OF YOUR FILE, AND/OR AVAILABILITY OF THE CONTENT THEREOF. ZENVAULT ASSUMES NO RESPONSIBILITY FOR MEDICAL INTERPRETATION OF YOUR FILE IN WHOLE OR IN PART, DOSAGES AMOUNTS AND/OR ANY REACTIONS THERETO. YOU HEREBY INDEMNIFY, HOLD HARMLESS AND HEREBY RELEASE ZENVAULT FROM ANY CLAIM ANY LOSS OR ANY ACTION THAT COULD ARISE FROM ACTIONS OR TREATMENTS TAKEN FROM A REVIEW OF YOUR MEDICAL FILE. YOU ARE SOLELY RESPONSIBLE FOR HAVING READY ACCESS TO THE SERVICE, AND YOU ARE RESPONSIBLE FOR THE PAYMENT OF ALL THIRD PARTY SERVICE PROVIDER FEES TO HAVE THE SERVICE AVAILABLE, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDER FEES AND/OR CELLULAR OR PERSONAL DEVICE SERVICE FEES. THE SERVICE IS OFFERED ON AN “AS-IS, WHERE-IS,AS AVAILABLE AND WITH ALL FAULTS” BASIS, AND ZENVAULT IS NOT RESPONSIBLE FOR COMMUNICATION ERRORS OR LAPSES IN YOUR PROVIDER’S COMMUNICATION NETWORK OR YOUR DEVICE’S RELIABILITY AND/OR SERVICE FAILURES.

    IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 OR YOUR DOCTOR IMMEDIATELY. THE SERVICE IS AUTOMATED AND PURELY INFORMATIONAL IN NATURE. THERE IS NO ONE WORKING AT ZENVAULT WHO IS PROPERLY TRAINED TO FIELD OR RESPOND TO ANY SUCH EMERGENCY CALLS.

    Age Requirements for Establishment of the Service.

    This Service is available only to individuals aged 18 years or older. You may store records of your children under the age of 18 within your Personal Medical Record, provided that you are acting in your capacity as the parent or legal guardian of such children.

    Responsibility for Information

    You are solely responsible for transmissions sent from your ZenVault file to your health care service provider. You alone are responsible for the accuracy and completeness of your Personal Health record, whether the information is provided by you or by third parties. You are solely responsible for transmissions sent from your ZenVault file to your health care service provider.It is imperative that you review all records once uploaded to assure completeness and accuracy, and that the records are indeed yours. All patients are advised to regularly update, consult and discuss any and all medications with their doctor and confirm that all information in your Personal Health Record is accurate and up to date. You understand that ZenVault is not responsible for any losses, actions or claims arising from the transmission of files to the System.

    Standards of Decency and Ownership of Records

    You understand that by using the Service, you may encounter content within your records that may be offensive to you. Nevertheless, you agree to use the Service at your sole risk and that ZenVault shall have no liability to you for content that may be found to be offensive, indecent or inaccurate.In addition, You warrant that you are the owner of, and have the right to store, all records that you upload to the Service. There is always the possibility that some of the records you have collected may be someone else’s, and were mistakenly sent to your ZenVault account by you, your health care provider, or another party. Thus, some of the records in your ZenVault account MAY NOT BE YOUR RECORDS, BUT MAY BE SOMEONE ELSE’S RECORDS BY MISTAKE. ZenVault makes no inspection, nor can we possibly have control over such situations. Under such circumstances, if records contained in your file are found to belong to someone else, you agree to contact the health care provider or other party who made the mistake, and to respect the privacy of any third party whose records you have received by mistake. Once the erroneous records are returned and you have received from the health care provider all the records belonging to you, you agree to delete without hesitation those records that are not yours.

    Code of Conduct

    In using the Service, you agree to obey all applicable laws and to adhere to any Code of Conduct we may post from time-to-time in a separate tab on our home page. You agree not to resell or redistribute the Service unless you have negotiated a separate written agreement with us. You will not, under any circumstances, modify, reprogram or employ any device such as a spider or bot to gain access to your records or any other records or the source code operating the Service. You agree not to intentionally spam or overload the service in an attempt to “crash” or destroy the ZenVault system. As a user of the Service, you agree not to use the Service in any way that harms the Service, the site, and/or the reputation of us, our affiliated entities, our agents, resellers or others employed or under agreement with ZenVault.

    You agree to notify ZenVault promptly in the event you know of or discover a security breach or a person or person(s) intentionally trying to cause harm to the ZenVault site or any of its content.

    System Requirements

    Use of the Service requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply). Use of the Service may also require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended, but not required, for use of the Service. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.

    Passwords and Confidentiality

    Upon registering for the service, you will be prompted to create a unique password and an Encryption Key for encryption/decryption purposes. We do not have access to either of these pieces of information in our databases. You are solely responsible for safeguarding the confidentiality of these pieces of information.

    ZENVAULT HAS NO MEMORY DEVICES TO ASSIST YOU IN “REMEMBERING” YOUR PASSWORD OR ENCRYPTION KEY, NOR DOES OUR SYSTEM HAVE PASSWORD OR CONTENT RETRIEVAL SYSTEMS. FOR YOUR PROTECTION, WE DO NOT STORE PASSWORDS OR ENCRYPTION KEYS ANYWHERE IN OUR SYSTEM.

    If you forget or lose your password, we have procedures in place for assigning a new password at your request.

    IF YOU FORGET OR LOSE YOUR ENCRYPTION KEY THERE IS NO WAY TO RETRIEVE IT.NOT EVEN THE ENCRYPTION ENGINEERING STAFF CAN BREAK IN, ENTER, VIEW, ACCESS, OR MODIFY YOUR PERSONAL HEALTH RECORD. THIS IS A SECURITY MEASURE INTENTIONALLY DESIGNED TO PROTECT THE PRIVACY AND SECURITY OF YOUR PERSONAL INFORMATION. IF YOU LOSE OR FORGET YOUR ENCRYPTION KEY, RECORDS YOU HAVE STORED IN YOUR ZENVAULT ACCOUNT WILL BE INACCESSIBLE AND UNRETRIEVABLE BY ANYONE.

    You may opt to give your password and Encryption Key to a trusted spouse, adult child, parent, relative, friend, doctor, or other person so they can provide it if you forget it, lose it, or are for any other reason unable to provide it during login. ZenVault may at some point enable the use of a Universal Password whereby others may have access to your ZenVault Personal Health Record. Giving your password to additional persons or your choice to use a Universal Password if it should eventually become available may allow Emergency Medical Technicians (“EMT”s) and Health Care Providers (“HCP”s) to have access to your files in the event that you are unconscious during a medical emergency and it is discovered that you subscribe to ZenVault Services. You are not required to make such an election, and by clicking “I ACCEPT” at the end of this Agreement, you agree that ZenVault will not be directly or indirectly responsible and/or liable for any consequences that result from either: (i) a medical professional failing to recognize that you have a subscription to ZenVault because you did not have any recognizable indication of the subscription (i.e. no bracelet, necklace, icon on your phone or computer or ability to speak to the medical professional at the time of treatment); or (ii) a medical professional being unable to read your records stored in ZenVault despite you being identified as a ZenVault Service Client, because you opted to keep your records password protected WITHOUT allowing Universal Password entry.

    Policies and Rules

    We reserve the right to change the terms of this Agreement at any time. You will be notified of any changes to this Agreement at your next login following the uploading of the new terms. ZenVault is not responsible if several weeks or months pass between the times you access the site in the event modifications have occurred in our Terms of Use and you do not receive the notification timely because you did not access the site regularly.

    ZenVault’s Privacy Policy

    Your privacy and the confidentiality of your medical records is our utmost concern. Except as otherwise expressly provided for in this Agreement, the Service is subject to the ZenVault Customer Privacy Policy, , which is expressly made a part of this Agreement. Since your agreement to these Terms of Service includes an agreement to ZenVault’s Customer Privacy Policy, you should read and understand the Customer Privacy Policy, before clicking “I Agree.”

    Territory for Use of Service

    The Service is available to you only in the United States, its territories, and possessions.

    Agreement to Pay

    Free Service

    If you have opted to use the Service on a “free” basis, you will receive no statements and will not be obligated to pay anything unless you upgrade or purchase another service or item from us.

    Payment for Services

    You agree to pay for all services you purchase through ZenVault, and ZenVault may charge your credit card or PayPal account for any such purchases, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL CHARGES AND FOR PROVIDING ZENVAULT WITH VALID CREDIT CARD OR PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL CHARGES. All charges will be billed to the credit card or PayPal account you designate during the registration process. If you want to designate a different credit card, or if there is a change in your credit card or PayPal account status, you must change your credit card or PayPal account information online at the Account Information section of the ZenVault website. (There may be a temporary disruption of your access to the Service until ZenVault can verify the validity of the new credit card or PayPal account information).

    Right to Change Prices and Availability of Products and Services

    Prices and availability of any products or services are subject to change at any time.

    Electronic Signatures and Contracts

    Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

    Technical Problems

    On occasion, technical problems may delay or prevent delivery of the Service. Your exclusive and sole remedy with respect to services that are not available within a reasonable period will be a refund of the price paid for such service, as determined by ZenVault, on a pro rata basis.

    Intellectual Property.

    Acknowledgement of Ownership

    You agree that the Service, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Service, contain proprietary information and material that is owned by ZenVault and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, trademark and patent laws, and that you will not use such proprietary information or materials in any way whatsoever except to use the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.

    In no event will ZenVault be liable for the removal of or disabling of access to any such Service, content or materials under this Agreement. ZenVault may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.

    Copyrights.

    All copyrights in and to the Service, including but not limited to the software, are owned by ZenVault and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED, INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS, AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

    For more detail see the ZenVault Trademark and Copyright Information documentation.

    Trademarks

    ZenVault™ Zencryption™, the ZenVault logo, and other ZenVault trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of ZenVault, Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, and any use of such trademarks without prior written consent is prohibited.

    For more detail see the ZenVault Trademark and Copyright Information documentation.

    Content of Your ZenVault File

    You and You alone have ownership to the content and any files you upload to the Service. ZenVault specifically disclaims ownership to any such uploaded materials. Should you discontinue the Service, or if your account is terminated for any reason and is not reinstated within one year, you agree that ZenVault may dispose of your content from its servers.

    Termination

    Termination of Your Account by ZenVault

    If you fail to comply with any provision of this Agreement, including but not limited to failure to make payment of fees due, failure to provide ZenVault with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, or infringement or other violation of third parties’ rights, ZenVault, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof).

    ZenVault’s Termination of the Service

    ZenVault reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time, or to withdraw, suspend or discontinue any function or feature of the Service, with or without notice to you and with or without cause. ZenVault’s sole liability in such an event shall be the prorata refund of fees previously paid by you for time periods during which the Services are discontinued.

    Failure to Pay, Lack of Access to Service, Result of Termination

    ZenVault cannot access your Personal Health Record or view your health data at any time, nor can ZenVault reset your password or offer you assistance if you lose or forget your password. ZenVault may, however, delete your account, your Personal Health Record, and all of its contents for any of the following reasons: (i) your failure to pay required fees for Service(s) followed by a one year period within which time you may reapply, pay all back overdue fees and a one-time $29 reinstatement fee, and your access will be re-engaged; (ii) neither you, nor anyone else has accessed your account for more than twelve successive months; (iii) your access has been terminated for security breach reasons (you have tried to hack into the System or other similar unpermitted activities); or (iv) you have breached the terms of this Agreement and failed to cure such breach within 30 days of notice thereof. There is no retrieval procedure or any other means whereby records can be restored once they aredeleted.

    General Compliance with Laws

    The Service is controlled and operated by ZenVault from its offices in the United States. You agree to comply with all local, state, and federal laws, statutes, ordinances, and regulations that apply to your use of the Service.

    Enforcement of These Terms

    ZenVault reserves the right to take steps it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to ZenVault’s right to cooperate with any legal process relating to your use of the Service, and/or a third party claim that your use of the Service is unlawful and/or infringes such third party’s rights). You agree that ZenVault has the right, without liability to you, to disclose any registration data and/or Personal Information to law enforcement authorities, government officials, and/or a third party, as ZenVault believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreements relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service is unlawful and/or infringes such third party’s rights).

    No Responsibility for Third-Party Materials or Web sites

    Certain content, products, and services available via the Service may include materials from third parties. In addition, ZenVault may provide links to certain third-party websites. You acknowledge and agree that ZenVault is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. ZenVault does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that ZenVault is not in any way responsible for any such use by you. If you click on an advertiser’s ad and you are taken to a site other than ZenVault’s site, you are assuming all responsibility for: (i) lost data; (ii) unsaved data in the ZenVault presence that you left; (iii) loss of links to return to the ZenVault site; (iv) possible intrusion to your ZenVault information through the link to the third party site.

    Disclaimer of Warranties; Liability Limitations.

    ZENVAULT DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME ZENVAULT MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

    YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY ZENVAULT) PROVIDED “AS IS” “WHERE-IS” “WITH ALL FAULTS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

    IN NO CASE SHALL ZENVAULT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ZENVAULT, ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES’ LIABILITY MAY BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN ALL CASES EXCEPT THOSE WHERE SUCH A LIMITATION IS NOT ALLOWED BY STATUTORY LIMITATION, ZENVAULT, ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES’ TOTAL LIABILITY TO YOU FOR ANY ACTUAL LOSSES OR DAMAGES SHALL NOT EXCEED THE SUM OF THE FEES PAID TO ZENVAULT BY YOU DURING THE PRECEDING TWELVE MONTHS FOR YOUR USE OF THE SERVICE(S). IF YOU HAVE NOT PAID ANYTHING DURING THE PRECEDING TWELVE MONTHS FOR THE SERVICES, THEN ZENVAULT’S TOTAL LIABILITY SHALL BE LIMITED TO THE SUM OF ONE DOLLAR ($1.00 US).

    ZENVAULT SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND ZENVAULT HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

    ZENVAULT DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND ZENVAULT DISCLAIMS ANY LIABILITY RELATING THERETO.

    Waiver and Indemnity.

    BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD ZENVAULT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY ZENVAULT AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU ARE BARRED FROM SUING OR RECOVERING ANY DAMAGES FROM ZENVAULT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF ZENVAULT’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

    Changes

    ZenVault reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, prices, policies, terms, and conditions (collectively referred to in this Agreement as “Additional Terms”) will be effective immediately upon notice to you and incorporated into this Agreement. Your continued use of the Service following any such changes will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by reference.

    Notices

    ZenVault may send you notice with respect to the Service by sending an email message to the email address listed in your ZenVault account contact information, by sending a letter via postal mail to the contact address listed in your ZenVault account contact information, or by a posting on the Service. Notices shall become effective immediately.

    Governing Law

    This Agreement is entered into in Douglas County, Colorado, and shall be governed by the laws of the State of Colorado. The exclusive venue for any legal action as to the interpretation or enforcement of this Agreement shall be a court of appropriate jurisdiction located in Douglas County, Colorado or the City and County of Denver, Colorado. The prevailing party in any proceeding to resolve a dispute pertaining to matters covered by this Agreement shall be entitled to receive its reasonable attorney’s fees, expert witness fees and out of pocket costs incurred in connection with such proceeding, in addition to any other relief it may be awarded You agree that the performance of this Agreement does not take place outside of the County of Douglas, State of Colorado for any purposes.

    Miscellaneous

    This Agreement, together with the companion documents referred to herein and online documentation that is made a part of the Service, constitutes the entire agreement between you and ZenVault and governs your use of the Service, superseding any prior agreements between you and ZenVault. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. ZenVault’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement. ZenVault will not be responsible for failures to fulfill any obligations due to causes beyond its control. We reserve the right to assign our rights and duties under this Agreement to any person at any time without notice to you, nor will we contact you or seek your approval on any such assignment. The provisions of this Agreement that by their nature are intended to survive, including without limitation the disclaimer of warranties, indemnity, and intellectual property provisions hereof, shall survive the termination of this Agreement.

    PLEASE PRINT A COPY OF THESE TERMS OF SERVICE FOR YOUR RECORDS.

    By selecting “I agree,” below, you are acknowledging that you have read this Agreement; that you understand each provision, term and condition; and that you agree to be bound by this Agreement. You agree that this constitutes your electronic signature as defined in the Uniform Electronic Transactions Act, the U.S. ESign Act of 2000, and/or other applicable state and federal statutes. You agree to execute this document by electronic means, and that the electronically executed agreement will be legal, valid and enforceable in accordance with its terms, as if it were your legal written signature on a printed document. You authorize ZenVault to include your electronic signature with digital or electronic facsimiles of this agreement.

    [X] I AGREE [ ] I DISAGREE

  2. ZenVault Email

    ZenVault  Email – Terms of Use

    LAST UPDATE OF THESE TERMS OF USE: January 19, 2016

    THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ZENVAULT  CORPORATION (HEREINAFTER “ZENVAULT”) STATING THE TERMS THAT GOVERN YOUR USE OF THE ZENVAULT ONLINE PERSONAL HEALTH RECORD SERVICE (HEREINAFTER THE “SERVICE”). PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE ENTERING OR USING THE SERVICE. THESE TERMS OF SERVICE (HEREINAFTER THE “AGREEMENT”) – TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF ZENVAULT’S RULES AND POLICIES – COLLECTIVELY CONSTITUTE THE AGREEMENT BETWEEN YOU AND ZENVAULT. IN THIS AGREEMENT, ZENVAULT, ITS SUCCESSORS AND ASSIGNS WILL BE REFERRED TO AS “US” OR “WE,” AND YOU WILL BE REFERRED TO AS “YOU.” TO AGREE TO THESE TERMS, CLICK “I AGREE.” IF YOU DO NOT AGREE TO THESE TERMS, CLICK “I DISAGREE,” AND YOU WILL NOT BE PERMITTED TO USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS WILL NOT BE ACCEPTED AND WILL UNDER NO CIRCUMSTANCES BECOME PART OF THIS AGREEMENT. ZENVAULT MAY REFUSE ACCESS TO THE SERVICE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.

    Definition of the Service.

    ZenVault is the provider of the Service. The Service permits users to upload , dental, pharmacological, In Case of Emergency (“ICE”), and estate planning records (collectively, your “Personal  Record”), either for a fee or free of charge, under certain terms and conditions as set forth in this Agreement.

    What ZenVault and/or the Service DO NOT do.

    ZenVault does not provide , dental, diet, nutrition, wellness or other health care services in the form of a diagnosis,  advice, drug therapy, psychological or psychiatric analyses or any other type of  treatment. ZenVault strongly recommends that you seek local, licensed, professional assistance and advice for any health issue or condition you may be experiencing.

    What You Receive Upon Registration.

    Clicking “I AGREE” below means you agree to the terms and conditions stated herein and that you have applied to ZenVault for a license to use the Service. ZenVault may, at its sole discretion, deny or otherwise decline to accept your application. Upon ZenVault’s acceptance of your application, you will be issued a password, Encryption Key, and login information. ZenVault will also grant you a non-exclusive, personal, revocable, non-transferable license to use the Service and the underlying proprietary software, under the condition that you adhere to the terms and conditions herein and that you agree not to copy, modify or reverse engineer our software. You further agree that you will always access our Service through the customer interface; entering into our proprietary software or Service through any other means is strictly prohibited, will be considered trespass, and will be prosecuted to the fullest extent of the law.

    The license allows you to use the Service for your personal, non-commercial use. Any commercial and/or non-personal use of the Service is prohibited.

    Precautions and Liability

    DO NOT ATTEMPT TO INTERPRET OR OTHERWISE DRAW CONCLUSIONS ON YOUR OWN FROM ANY NOTATIONS OR INFORMATION FOUND WITHIN YOUR PERSONAL  RECORD WITHOUT THE DIRECT ASSISTANCE OF THE PERSON(S) WHO MADE SUCH NOTATIONS, DIAGNOSES, OR TREATMENT PLANS, OR WITHOUT CONSULTING A  PROFESSIONAL TRAINED TO UNDERSTAND SUCH NOTATIONS. THE SERVICE DOES NOT CLAIM TO BE A COMPREHENSIVE  COMPILATION OF YOUR ENTIRE  HISTORY; YOU AND YOU ALONE KNOW WHO HAS SEEN AND TREATED YOU, AND YOU MUST OBTAIN ALL SUCH RECORDS FROM ANYONE WHO HAS TREATED YOU TO MAKE A COMPLETE HISTORY. THE  HISTORY ON THE SERVICE IS ONLY AS COMPLETE AS THE  RECORDS YOU PROVIDE TO THE SERVICE. IT IS NOT ADVISEABLE TO DELETE OR ALTER ANY OF YOUR RECORDS, NO MATTER WHAT THOSE RECORDS MAY OR MAY NOT CONTAIN, WITHOUT SPEAKING WITH YOUR PHYSICIANS. IT IS ENTIRELY POSSIBLE THAT SOMETHING YOU DELETE OUT OF FEAR, IGNORANCE OR EMBARRASSMENT MAY SOMEDAY SAVE YOUR LIFE. BECAUSE YOU AND YOU ALONE HAVE CONTROL OF WHAT YOUR PERSONAL  RECORD CONTAINS, ZENVAULT ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF THE CONTENT OF YOUR FILE, AND/OR AVAILABILITY OF THE CONTENT THEREOF. ZENVAULT ASSUMES NO RESPONSIBILITY FOR  INTERPRETATION OF YOUR FILE IN WHOLE OR IN PART, DOSAGES AMOUNTS AND/OR ANY REACTIONS THERETO. YOU HEREBY INDEMNIFY, HOLD HARMLESS AND HEREBY RELEASE ZENVAULT FROM ANY CLAIM ANY LOSS OR ANY ACTION THAT COULD ARISE FROM ACTIONS OR TREATMENTS TAKEN FROM A REVIEW OF YOUR  FILE. YOU ARE SOLELY RESPONSIBLE FOR HAVING READY ACCESS TO THE SERVICE, AND YOU ARE RESPONSIBLE FOR THE PAYMENT OF ALL THIRD PARTY SERVICE PROVIDER FEES TO HAVE THE SERVICE AVAILABLE, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDER FEES AND/OR CELLULAR OR PERSONAL DEVICE SERVICE FEES. THE SERVICE IS OFFERED ON AN “AS-IS, WHERE-IS,AS AVAILABLE AND WITH ALL FAULTS” BASIS, AND ZENVAULT IS NOT RESPONSIBLE FOR COMMUNICATION ERRORS OR LAPSES IN YOUR PROVIDER’S COMMUNICATION NETWORK OR YOUR DEVICE’S RELIABILITY AND/OR SERVICE FAILURES.

    IF YOU EXPERIENCE A  EMERGENCY, CALL 911 OR YOUR DOCTOR IMMEDIATELY. THE SERVICE IS AUTOMATED AND PURELY INFORMATIONAL IN NATURE. THERE IS NO ONE WORKING AT ZENVAULT WHO IS PROPERLY TRAINED TO FIELD OR RESPOND TO ANY SUCH EMERGENCY CALLS.

    Age Requirements for Establishment of the Service.

    This Service is available only to individuals aged 18 years or older. You may store records of your children under the age of 18 within your Personal  Record, provided that you are acting in your capacity as the parent or legal guardian of such children.

    Responsibility for Information

    You are solely responsible for transmissions sent from your ZenVault file to your health care service provider. You alone are responsible for the accuracy and completeness of your Personal Health record, whether the information is provided by you or by third parties. You are solely responsible for transmissions sent from your ZenVault file to your health care service provider.It is imperative that you review all records once uploaded to assure completeness and accuracy, and that the records are indeed yours. All patients are advised to regularly update, consult and discuss any and all medications with their doctor and confirm that all information in your Personal Health Record is accurate and up to date. You understand that ZenVault is not responsible for any losses, actions or claims arising from the transmission of files to the System.

    Standards of Decency and Ownership of Records

    You understand that by using the Service, you may encounter content within your records that may be offensive to you. Nevertheless, you agree to use the Service at your sole risk and that ZenVault shall have no liability to you for content that may be found to be offensive, indecent or inaccurate.In addition, You warrant that you are the owner of, and have the right to store, all records that you upload to the Service. There is always the possibility that some of the records you have collected may be someone else’s, and were mistakenly sent to your ZenVault account by you, your health care provider, or another party. Thus, some of the records in your ZenVault account MAY NOT BE YOUR RECORDS, BUT MAY BE SOMEONE ELSE’S RECORDS BY MISTAKE. ZenVault makes no inspection, nor can we possibly have control over such situations. Under such circumstances, if records contained in your file are found to belong to someone else, you agree to contact the health care provider or other party who made the mistake, and to respect the privacy of any third party whose records you have received by mistake. Once the erroneous records are returned and you have received from the health care provider all the records belonging to you, you agree to delete without hesitation those records that are not yours.

    Code of Conduct

    In using the Service, you agree to obey all applicable laws and to adhere to any Code of Conduct we may post from time-to-time in a separate tab on our home page. You agree not to resell or redistribute the Service unless you have negotiated a separate written agreement with us. You will not, under any circumstances, modify, reprogram or employ any device such as a spider or bot to gain access to your records or any other records or the source code operating the Service. You agree not to intentionally spam or overload the service in an attempt to “crash” or destroy the ZenVault system. As a user of the Service, you agree not to use the Service in any way that harms the Service, the site, and/or the reputation of us, our affiliated entities, our agents, resellers or others employed or under agreement with ZenVault.

    You agree to notify ZenVault promptly in the event you know of or discover a security breach or a person or person(s) intentionally trying to cause harm to the ZenVault site or any of its content.

    System Requirements

    Use of the Service requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply). Use of the Service may also require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended, but not required, for use of the Service. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.

    Passwords and Confidentiality

    Upon registering for the service, you will be prompted to create a unique password and an Encryption Key for encryption/decryption purposes. We do not have access to either of these pieces of information in our databases. You are solely responsible for safeguarding the confidentiality of these pieces of information.

    ZENVAULT HAS NO MEMORY DEVICES TO ASSIST YOU IN “REMEMBERING” YOUR PASSWORD OR ENCRYPTION KEY, NOR DOES OUR SYSTEM HAVE PASSWORD OR CONTENT RETRIEVAL SYSTEMS. FOR YOUR PROTECTION, WE DO NOT STORE PASSWORDS OR ENCRYPTION KEYS ANYWHERE IN OUR SYSTEM.

    If you forget or lose your password, we have procedures in place for assigning a new password at your request.

    IF YOU FORGET OR LOSE YOUR ENCRYPTION KEY THERE IS NO WAY TO RETRIEVE IT.NOT EVEN THE ENCRYPTION ENGINEERING STAFF CAN BREAK IN, ENTER, VIEW, ACCESS, OR MODIFY YOUR PERSONAL HEALTH RECORD. THIS IS A SECURITY MEASURE INTENTIONALLY DESIGNED TO PROTECT THE PRIVACY AND SECURITY OF YOUR PERSONAL INFORMATION. IF YOU LOSE OR FORGET YOUR ENCRYPTION KEY, RECORDS YOU HAVE STORED IN YOUR ZENVAULT ACCOUNT WILL BE INACCESSIBLE AND UNRETRIEVABLE BY ANYONE.

    You may opt to give your password and Encryption Key to a trusted spouse, adult child, parent, relative, friend, doctor, or other person so they can provide it if you forget it, lose it, or are for any other reason unable to provide it during login. ZenVault may at some point enable the use of a Universal Password whereby others may have access to your ZenVault Personal Health Record. Giving your password to additional persons or your choice to use a Universal Password if it should eventually become available may allow Emergency  Technicians (“EMT”s) and Health Care Providers (“HCP”s) to have access to your files in the event that you are unconscious during a  emergency and it is discovered that you subscribe to ZenVault Services. You are not required to make such an election, and by clicking “I ACCEPT” at the end of this Agreement, you agree that ZenVault will not be directly or indirectly responsible and/or liable for any consequences that result from either: (i) a  professional failing to recognize that you have a subscription to ZenVault because you did not have any recognizable indication of the subscription (i.e. no bracelet, necklace, icon on your phone or computer or ability to speak to the  professional at the time of treatment); or (ii) a  professional being unable to read your records stored in ZenVault despite you being identified as a ZenVault Service Client, because you opted to keep your records password protected WITHOUT allowing Universal Password entry.

    Policies and Rules

    We reserve the right to change the terms of this Agreement at any time. You will be notified of any changes to this Agreement at your next login following the uploading of the new terms. ZenVault is not responsible if several weeks or months pass between the times you access the site in the event modifications have occurred in our Terms of Use and you do not receive the notification timely because you did not access the site regularly.

    ZenVault’s Privacy Policy

    Your privacy and the confidentiality of your  records is our utmost concern. Except as otherwise expressly provided for in this Agreement, the Service is subject to the ZenVault Customer Privacy Policy, , which is expressly made a part of this Agreement. Since your agreement to these Terms of Service includes an agreement to ZenVault’s Customer Privacy Policy, you should read and understand the Customer Privacy Policy, before clicking “I Agree.”

    Territory for Use of Service

    The Service is available to you only in the United States, its territories, and possessions.

    Agreement to Pay

    Free Service

    If you have opted to use the Service on a “free” basis, you will receive no statements and will not be obligated to pay anything unless you upgrade or purchase another service or item from us.

    Payment for Services

    You agree to pay for all services you purchase through ZenVault, and ZenVault may charge your credit card or PayPal account for any such purchases, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL CHARGES AND FOR PROVIDING ZENVAULT WITH VALID CREDIT CARD OR PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL CHARGES. All charges will be billed to the credit card or PayPal account you designate during the registration process. If you want to designate a different credit card, or if there is a change in your credit card or PayPal account status, you must change your credit card or PayPal account information online at the Account Information section of the ZenVault website. (There may be a temporary disruption of your access to the Service until ZenVault can verify the validity of the new credit card or PayPal account information).

    Right to Change Prices and Availability of Products and Services

    Prices and availability of any products or services are subject to change at any time.

    Electronic Signatures and Contracts

    Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

    Technical Problems

    On occasion, technical problems may delay or prevent delivery of the Service. Your exclusive and sole remedy with respect to services that are not available within a reasonable period will be a refund of the price paid for such service, as determined by ZenVault, on a pro rata basis.

    Intellectual Property.

    Acknowledgement of Ownership

    You agree that the Service, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Service, contain proprietary information and material that is owned by ZenVault and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, trademark and patent laws, and that you will not use such proprietary information or materials in any way whatsoever except to use the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.

    In no event will ZenVault be liable for the removal of or disabling of access to any such Service, content or materials under this Agreement. ZenVault may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.

    Copyrights.

    All copyrights in and to the Service, including but not limited to the software, are owned by ZenVault and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED, INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS, AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

    For more detail see the ZenVault Trademark and Copyright Information documentation.

    Trademarks

    ZenVault™ Zencryption™, the ZenVault logo, and other ZenVault trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of ZenVault, Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, and any use of such trademarks without prior written consent is prohibited.

    For more detail see the ZenVault Trademark and Copyright Information documentation.

    Content of Your ZenVault File

    You and You alone have ownership to the content and any files you upload to the Service. ZenVault specifically disclaims ownership to any such uploaded materials. Should you discontinue the Service, or if your account is terminated for any reason and is not reinstated within one year, you agree that ZenVault may dispose of your content from its servers.

    Termination

    Termination of Your Account by ZenVault

    If you fail to comply with any provision of this Agreement, including but not limited to failure to make payment of fees due, failure to provide ZenVault with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, or infringement or other violation of third parties’ rights, ZenVault, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof).

    ZenVault’s Termination of the Service

    ZenVault reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time, or to withdraw, suspend or discontinue any function or feature of the Service, with or without notice to you and with or without cause. ZenVault’s sole liability in such an event shall be the prorata refund of fees previously paid by you for time periods during which the Services are discontinued.

    Failure to Pay, Lack of Access to Service, Result of Termination

    ZenVault cannot access your Personal Health Record or view your health data at any time, nor can ZenVault reset your password or offer you assistance if you lose or forget your password. ZenVault may, however, delete your account, your Personal Health Record, and all of its contents for any of the following reasons: (i) your failure to pay required fees for Service(s) followed by a one year period within which time you may reapply, pay all back overdue fees and a one-time $29 reinstatement fee, and your access will be re-engaged; (ii) neither you, nor anyone else has accessed your account for more than twelve successive months; (iii) your access has been terminated for security breach reasons (you have tried to hack into the System or other similar unpermitted activities); or (iv) you have breached the terms of this Agreement and failed to cure such breach within 30 days of notice thereof. There is no retrieval procedure or any other means whereby records can be restored once they aredeleted.

    General Compliance with Laws

    The Service is controlled and operated by ZenVault from its offices in the United States. You agree to comply with all local, state, and federal laws, statutes, ordinances, and regulations that apply to your use of the Service.

    Enforcement of These Terms

    ZenVault reserves the right to take steps it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to ZenVault’s right to cooperate with any legal process relating to your use of the Service, and/or a third party claim that your use of the Service is unlawful and/or infringes such third party’s rights). You agree that ZenVault has the right, without liability to you, to disclose any registration data and/or Personal Information to law enforcement authorities, government officials, and/or a third party, as ZenVault believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreements relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service is unlawful and/or infringes such third party’s rights).

    No Responsibility for Third-Party Materials or Web sites

    Certain content, products, and services available via the Service may include materials from third parties. In addition, ZenVault may provide links to certain third-party websites. You acknowledge and agree that ZenVault is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. ZenVault does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that ZenVault is not in any way responsible for any such use by you. If you click on an advertiser’s ad and you are taken to a site other than ZenVault’s site, you are assuming all responsibility for: (i) lost data; (ii) unsaved data in the ZenVault presence that you left; (iii) loss of links to return to the ZenVault site; (iv) possible intrusion to your ZenVault information through the link to the third party site.

    Disclaimer of Warranties; Liability Limitations.

    ZENVAULT DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME ZENVAULT MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

    YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY ZENVAULT) PROVIDED “AS IS” “WHERE-IS” “WITH ALL FAULTS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

    IN NO CASE SHALL ZENVAULT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ZENVAULT, ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES’ LIABILITY MAY BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN ALL CASES EXCEPT THOSE WHERE SUCH A LIMITATION IS NOT ALLOWED BY STATUTORY LIMITATION, ZENVAULT, ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES’ TOTAL LIABILITY TO YOU FOR ANY ACTUAL LOSSES OR DAMAGES SHALL NOT EXCEED THE SUM OF THE FEES PAID TO ZENVAULT BY YOU DURING THE PRECEDING TWELVE MONTHS FOR YOUR USE OF THE SERVICE(S). IF YOU HAVE NOT PAID ANYTHING DURING THE PRECEDING TWELVE MONTHS FOR THE SERVICES, THEN ZENVAULT’S TOTAL LIABILITY SHALL BE LIMITED TO THE SUM OF ONE DOLLAR ($1.00 US).

    ZENVAULT SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND ZENVAULT HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

    ZENVAULT DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND ZENVAULT DISCLAIMS ANY LIABILITY RELATING THERETO.

    Waiver and Indemnity.

    BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD ZENVAULT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY ZENVAULT AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU ARE BARRED FROM SUING OR RECOVERING ANY DAMAGES FROM ZENVAULT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF ZENVAULT’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

    Changes

    ZenVault reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, prices, policies, terms, and conditions (collectively referred to in this Agreement as “Additional Terms”) will be effective immediately upon notice to you and incorporated into this Agreement. Your continued use of the Service following any such changes will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by reference.

    Notices

    ZenVault may send you notice with respect to the Service by sending an email message to the email address listed in your ZenVault account contact information, by sending a letter via postal mail to the contact address listed in your ZenVault account contact information, or by a posting on the Service. Notices shall become effective immediately.

    Governing Law

    This Agreement is entered into in Douglas County, Colorado, and shall be governed by the laws of the State of Colorado. The exclusive venue for any legal action as to the interpretation or enforcement of this Agreement shall be a court of appropriate jurisdiction located in Douglas County, Colorado or the City and County of Denver, Colorado. The prevailing party in any proceeding to resolve a dispute pertaining to matters covered by this Agreement shall be entitled to receive its reasonable attorney’s fees, expert witness fees and out of pocket costs incurred in connection with such proceeding, in addition to any other relief it may be awarded You agree that the performance of this Agreement does not take place outside of the County of Douglas, State of Colorado for any purposes.

    Miscellaneous

    This Agreement, together with the companion documents referred to herein and online documentation that is made a part of the Service, constitutes the entire agreement between you and ZenVault and governs your use of the Service, superseding any prior agreements between you and ZenVault. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. ZenVault’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement. ZenVault will not be responsible for failures to fulfill any obligations due to causes beyond its control. We reserve the right to assign our rights and duties under this Agreement to any person at any time without notice to you, nor will we contact you or seek your approval on any such assignment. The provisions of this Agreement that by their nature are intended to survive, including without limitation the disclaimer of warranties, indemnity, and intellectual property provisions hereof, shall survive the termination of this Agreement.

    PLEASE PRINT A COPY OF THESE TERMS OF SERVICE FOR YOUR RECORDS.

    By selecting “I agree,” below, you are acknowledging that you have read this Agreement; that you understand each provision, term and condition; and that you agree to be bound by this Agreement. You agree that this constitutes your electronic signature as defined in the Uniform Electronic Transactions Act, the U.S. ESign Act of 2000, and/or other applicable state and federal statutes. You agree to execute this document by electronic means, and that the electronically executed agreement will be legal, valid and enforceable in accordance with its terms, as if it were your legal written signature on a printed document. You authorize ZenVault to include your electronic signature with digital or electronic facsimiles of this agreement.

    [X] I AGREE [ ] I DISAGREE

FAQ

  1. PRIVACY AND SECURITY

    How do I know my records are safe with ZenVault?

    • First, you have the ZenVault promise that we will not share your data with anyone you do not approve. Read our privacy policy for more details.
    • Second, ZenVault uses Always Available™ technology that was created to protect sensitive computer systems for leading financial companies, the military, and medical companies. Always Available enables us to store your data in multiple places in private hosting environments and in the “cloud” so it is constantly backed up. Always Available also maintains the integrity of your data and prevents service outages or “downtime”, ensuring that your data is available virtually 100% of the time. No other provider can make that claim.
    • Third, ZenVault uses patent-pending, military grade Zencryption™ technology to make your data unreadable to anyone but you. Zencryption™ scrambles your data so even if it is stolen, no one will be able to read it.
    • Finally, ZenVault uses industry-leading security measures and top-quality highly secure data hosting to reduce the likelihood of unauthorized people stealing your data, or “hacking” it.

    Why should I trust ZenVault?
    ZenVault was created specifically to provide consumers with an independent, highly secure, private online place to store their most important and sensitive documents. Like you, we each have our own personal medical records that we want kept private. We understand your needs, and our goal is to meet them. Our privacy policy prohibits us from sharing your personal information with anyone without your consent. We know that if we violate that trust we will be out of business, so it is in our interest to protect the documents you store with us.

    Who owns ZenVault?
    ZenVault is a fully independent technology company. ZenVault is not owned by, affiliated with, or controlled by any insurance company, medical group, pharmaceutical company, governmental agency or other party. This means that ZenVault is responsible only to you, our customer.

    Will you share my personal information with anyone?
    No. That would violate our privacy policy. Unlike some big-name Personal Health Record (PHR) service providers who claim to respect your privacy, we do not share personal information with insurance companies, medical practitioners, medical interest groups, governmental agencies, marketers, or any other entity. Also, your data is protected by patent-pending military-grade Zencryption™ technology so only you will be able to read or decrypt it, using your own encryption key. So even if we did share data, no one would be able to read it because of this encryption. Even ZenVault administrators cannot decrypt your data. You can choose to send your medical information to a doctor, or to give your encryption key to a trusted relative, friend, or doctor so they can have access to your records. The only time we might reveal private information is if ZenVault is required by law or judicial action to do so. Read our privacy policy for more detail.

    Will you sell or give my email address to other marketers?
    No. Your email is private information and we won’t release it.

    Does the Government have access to my information?
    No. The only way they will be able to get personal information is through legislation or judicial action. ZenVault may release aggregated, impersonal, bulk data but, no information will be released that can link you with your medical information. Your privacy remains intact.

    Are you going to send me unwanted promotional email or SPAM?
    No. Although we will most likely send out promotional emails you will have the opportunity to refuse them or to “opt out”. Once you opt out we won’t send any more to you. Note that we will continue sending you occasional emails that are directly related to account activities, customer service issues, and other important administrative announcements.

    How do I know when someone has accessed my account?
    ZenVault will send you an email alert every time a doctor, emergency room, or other healthcare practitioner accesses your account. That email will show what organization accessed your account, what they did, how long they spent in your account, and other details. That way, if there is unauthorized access, ZenVault will be able to track what happened and when.

    What prevents anyone from logging in and getting my information?
    Each ZenVault customer has his or her own unique login name, password, and encryption key. Someone would need all three to impersonate you and read, edit, download, or delete your information. This multi-layer security system is very effective at preventing unauthorized access, and is designed to meet or exceed HIPAA requirements for protection of private medical information. If an unauthorized person manages to sign in and read your records anyway, ZenVault keeps a detailed log that will show who accessed it, when it happened, what files they looked at, and what actions they took. ZenVault strongly recommends that you treat your login information much as you would treat a bank account number or key to a safe deposit box. Don’t give it to anyone unless you trust them completely.

    What happens if my computer crashes or is stolen? Are my records in jeopardy?
    Your records will not be in jeopardy. Once you send something to ZenVault, it is encrypted and stored securely on our servers and not on your own computer. You just need Internet access and your login information to sign in to our system and access your records again. So you can sign in using a different computer, smart phone, iPhone, or iPad, and your records will be fully intact and ready for use. If your computer has been stolen the thief could log in if he or she gets hold of your login ID, password, and encryption key. For this reason we suggest you not store all your ZenVault login credentials on the same computer.

    What happens if ZenVault’s servers get hacked?
    In the unlikely event that our servers get broken into or “hacked” then the perpetrators will find very little useful information. All your personal information will be encrypted or scrambled through our Zencryption™ technology, in a way that makes it completely meaningless. A hacker may be able to steal the scrambled data, but they won’t be able to read it.

    What happens if ZenVault’s servers are damaged or destroyed?
    Your data will remain safe, and you are unlikely to even know there was a problem. ZenVault uses de-centralized “cloud” data storage and is protected by patented Always Available™ technology that provides virtually 100% data availability.

    What do you mean by “encrypted”, “encryption”, and “decryption”?
    You do not need to “encrypt” or “decrypt” anything because the ZenVault Zencryption™ technology does it for you automatically. Zencryption™ is an electronic process that renders your records unreadable by anyone without authorized access. It scrambles and hides the meaning of everything. Zencryption™ works without you even knowing it, because it is set up to happen behind the scenes. Your encryption key is your private code for unlocking this encryption. When the system recognizes your encryption key, it automatically unscrambles or “decrypts” whatever you are looking at. The Zencryption™ system works so smoothly that aside from having to use your encryption key you won’t even know that any encryption or decryption is taking place. It is also completely private. Not even ZenVault administrators can read your information or retrieve your encryption key if you forget it.Read more about the encryption key.

    Should I provide a false name and address to protect my privacy?
    No. Providing false information is a very bad idea. Your “In Case of Emergency” ICE page presents key information from your record that you can show doctors and emergency personnel during a medical emergency. If you provide a false name, it won’t match up to the name on your driver’s license, insurance card, or other identification, and this could lead to confusion, delays, and inappropriate treatment.

    Is ZenVault affected by the Heartbleed SSL bug?
    No. ZenVault uses and has always used versions of SSL (Secure Sockets Layer) encryption software that are not vulnerable to the Heartbleed bug problem. Our Zencryption™ technology uses an entirely different type of encryption and is not vulnerable to the Heartbleed bug either.

  2. ABBREVIATIONS AND ACRONYMS

    What is HIPAA?
    HIPAA is the Health Insurance Portability and Accountability Act of 1996. It was enacted by the U.S. Congress in 1996. Among other things, HIPAA establishes certain minimum standards for the privacy of healthcare records in the United States. HIPAA also sets minimum standards on data availability and data recovery after a disaster. In other words, the organization holding your records must not have too many outages or too much “downtime” and once an outage is over, your data must be 100% complete and accessible. Read more about HIPAA from the U.S. Department of Health and Human Services.

    Is ZenVault HIPAA compliant?
    Although ZenVault has not gone through the rigorous and expensive certification process, it is designed to meet or exceed HIPAA standards for privacy and data availability.

    What is a PHR?
    PHR stands for Personal Health Record. It is the body of health information you keep yourself, about yourself. A PHR can include your paper medical records, digital files, images such as X-rays and MRI scans, and other records pertaining to your own healthcare. Lately, PHRs are interpreted to mean electronic or digital files, because the expansion of digital information and the web has made it easier to keep PHRs online in digital format than on paper.

    What is a PHR Provider?
    A PHR provider is any entity that offers a computer program or website for storing and managing your Personal Health Record. ZenVault is a PHR provider. As of July 2010 PHR providers are required to comply with HIPAA regulations.

    What is EMR?
    EMR stands for Electronic Medical Records. EMR refers exclusively to the records kept by hospitals, doctors, emergency rooms, and other healthcare practitioners about their patients for their own internal use. Whereas EMRs are kept by doctors and hospitals, PHRs are kept by the patients. A lot of information in an EMR will probably be in your PHR too.

    What is an EMS?
    EMS stands for Emergency Medical Service. Hospital emergency rooms, ambulances, and paramedics are common EMS’s. Your ZenVault “In Case of Emergency” ICE page presents key information from your record that you can show doctors and EMS personnel during a medical emergency. Read more about the ICE page.

    What is ICE?
    ICE stands for “In Case of Emergency”. This is a special page accessible without providing your encryption key. The ICE page displays vital information from your PHR including identification, blood type, allergies, drug interactions, medications, your doctors’ contact information, and more. We make the ICE page readily accessible in order to make it easier for you to provide doctors and emergency personnel your life-saving information in an emergency.

    What is SSL?
    SSL stands for Secure Sockets Layer. SSL is a widely used security encryption protocol that protects documents while they are being uploaded or downloaded, to prevent theft of information or eavesdropping. ZenVault uses SSL during upload and download of your records.

    What is “the cloud” or “cloud computing”?
    In recent years there has been much talk and hype about “cloud computing” or “the cloud”. Let’s compare cloud computing to how data is stored on a typical website. With most websites, the electronic files are stored or “hosted” on one or more “server” computers at a distant location. You receive and send these files over the Internet. With the cloud, the only real difference is in the number of server computers on which the data is stored. With the cloud, the data is stored in an array or cloud of many servers that all act as one. This is actually much more efficient than older methods and enables companies like ZenVault to increase or decrease their computing power on demand, the very moment they need to. In the end, this leads to much lower prices so we can charge you less. It also lets us increase your quality of service and the amount of information you can store with us. To protect your data stored in the cloud, ZenVault uses patented Always Available™ technology that can virtually eliminate outages.

  3. ABOUT YOUR ZenVault Medical MEMBERSHIP

    Why should I bother with ZenVault Medical? I am in great health.
    A ZenVault membership could save your life in an emergency. Your ZenVault “In Case of Emergency” ICE page presents key information from your record that you can show doctors and emergency personnel during a medical emergency. This easy access to information such as blood type, contact information, medications, and existing medical conditions can make it easier for EMS to contact your doctors and loved ones, to avoid drugs to which you are allergic, to instantly identify medical conditions (even minor ones) that could influence your treatment, and to avoid running unnecessary tests that may waste time or increase your danger. And if you never have an emergency like this, you can use ZenVault as a convenient health reference when filling out medical histories for doctors or insurance companies. You can even email your Personal Health Form to your doctor or dentist before routine exams, just to avoid spending half an hour filling out their clipboard full of health history forms.

    What good is ZenVault Medical to me if I am traveling and don’t have my computer with me?
    Your ZenVault “In Case of Emergency” ICE page presents key information from your record that you can show doctors and emergency personnel during a medical emergency. This easy access to information such as blood type, contact information, medications, and existing medical conditions can make it easier for EMS to contact your doctors and loved ones, to avoid drugs to which you are allergic, to instantly identify past medical conditions (even minor ones) that could influence your treatment, and to avoid running unnecessary tests that may waste time or increase your danger. For a minor illness on the road, you can use it as a convenient health reference or to email your Personal Health Form to a doctor or advice nurse, saving you time, hassle, and stress.

    What good is ZenVaultMedical for my elderly parents?
    It contributes to peace of mind and independence. Many otherwise active and reasonably healthy elderly people stay close to home because of medical conditions that could cause an emergency. Their fear is that if something happens—if they have one of their dizzy spells or an angina attack—medical personnel won’t know what medicine to give them or who to call. The ZenVault “In Case of Emergency” ICE page presents key information from their record that doctors and emergency personnel can use during a medical emergency. This can save time, increase overall safety, and get the news out to you or other caregivers much faster. If your parents have a cell phone but no computer, they can use the convenient mobile interface or iPhone/iPad app. Even if you live far from them you can still monitor and manage their healthcare through your computer, by having their doctors upload records and update the Personal Health Form. All you have to do is log in using their login information and you have instant access day or night.

    How do I get a ZenVault Medical membership?
    It’s easy. Go to the ZenVault home page—zenvault.com—and click the “Create Free Account” button if you want a Free membership, or the “Create Premium Account” button if you want a Premium membership. Provide the information requested and you’ll have your account set up in minutes.

    What forms of payment do you accept?
    ZenVault accepts most major credit cards including MasterCard, Visa, and American Express.

    How do I create dependent accounts or profiles for children, elderly parents, or other dependents?
    ZenVault Medical offers dependent accounts that are linked to your own membership. A Free membership lets you create one dependent account. Premium memberships allow an unlimited number of dependent accounts. You will need to provide a login name, password, and encryption key for each dependent account, just as you would for any other ZenVault account. Keep a separate record of this information because the encryption key cannot be retrieved if you forget it. You can add and edit doctors, medications, medical conditions, and any other details to their records. Dependent accounts can be logged into and managed separately from your primary account, so a dependent child could grow up and go away to college, and take over management of his or her ZenVault membership independently. Dependent accounts are limited to the features offered under Free memberships but can be upgraded to Premium at any time.

    How do I change my encryption key?
    For your privacy and security the encryption key cannot be changed. The only way to get a new encryption key is to discontinue one account and start another, using a new encryption key. This is a privacy and security feature which prevents someone from fraudulently modifying your account and accessing your personal information. If you intend to discontinue one account and start another, you should first download and save any files or records you have stored with ZenVault. Then download and save a copy of your Personal Health Form. You can upload this information to a new account once you create it.

    I want memberships for my elderly parents, but they don’t use a computer. What can I do?
    There are two options.

    • Your first option is to set up individual Free or Premium memberships for them and manage them yourself. You will need to provide a login name, password, and encryption key, just as you would for any other ZenVault account. Keep a separate record of this information because the encryption key cannot be retrieved if you forget it. If your parents use a cell phone or other mobile device you can give them the login names, passwords, and encryption keys so they can sign in via the mobile website interface or the apps for iPhone or iPad.
    • Your second option is to set up dependent accounts that are linked to your own ZenVault membership. See the description of dependent accounts above. Your own Free ZenVault membership will enable you to create one dependent account. Your Premium membership allows an unlimited number of dependent accounts.

    How do I discontinue my ZenVault Medical membership, delete my records, and stop being billed?
    Contact ZenVault customer service and explain that you want to discontinue your membership. We strongly recommend that you first download and save any files or records you have stored with ZenVault. Then download and save a copy of your Personal Health Form.

    What happens to my membership and my records when I die?
    Anyone who has access to your records can still sign in, delete or update records, and make changes to your account. On Premium memberships, ZenVault will continue charging for its services for as long as the account is active. Once someone notifies customer service that the account should be discontinued, we will stop charging. On Free memberships, the account will remain active and the data will remain available as long as there is activity on the account at least once a year.

    What happens to my parents’ memberships and their records when they die?
    Anyone such as yourself who has access to their records can still sign in, delete or update records, and make changes to their account. On Premium memberships, ZenVault will continue charging for its services for as long as the account is active. Once someone notifies customer service that the account should be discontinued, we will stop charging. On Free memberships, the account will remain active and the data will remain available as long as there is activity on the account at least once a year.

    Can I create a profile for my pets?
    No. ZenVault profiles are not set up to accommodate animals.

    Does ZenVault Medical offer the same privacy promise and security technology for a Free membership as it does for a Premium membership?
    Yes. ZenVault will not sell, rent, give away, or share your personal information in any way, whether you have a Free or Premium membership. Both membership types use the same high-caliber Zencryption™ and SSL security technology.

    What is the ZenVault Medical User Name?
    The User Name simply identifies you so the system knows which account to access. ZenVault uses your email address as the user name because it is unique: no one else has that same email address so no one else will have the same user name.

    What is the ZenVault Medical password?
    Just as with other online services, your password gives you access to your account. No one can get into your account without your password. If you have forgotten your password you can retrieve it if you follow the instructions here.

    What is the ZenVault Member Code and why do I need to use it?
    The Member Code is your special alpha-numeric security code that allows one-way access to your account so doctors can upload medical records. When you ask them to upload your records, give them your Member Code. All they need to do is email your records as an attachment in .PDF format to your Member Code at ZenVault.com. For example, if your Member Code is CT3AB1234, have the doctor email your records to CT3AB1234@zenvault.com. It’s that easy. You will be given your own unique Member Code. You should memorize your code if possible, and certainly write it down and store it in a safe, easily accessible place. Your Member Code is available in the upper right corner of every screen after you log in, and at other places on various pages. It is kind of like your Social Security number or Driver’s License number. You need to know what it is, but you also don’t want strangers to have access to it.

    What is the encryption key?
    The encryption key is an additional pass code that controls access to your ZenVault account and the data in it. Our patent-pending military-grade Zencryption™ technology scrambles your information before storing it on the server, and your encryption key unscrambles it so you can read it every time you log in. You will be asked to provide your encryption key in addition to your user name and password every time you sign in. This is a powerful security feature. You create your own encryption key when you create your account for the first time. Make a record of your encryption key and keep it safe. The encryption key ensures that only you or whomever you designate will have access to your Personal Health Records. Please treat your encryption key as you would treat your bank account number or a key to your safe deposit box: keep it safe and don’t give it to anyone unless you trust them completely!

    CAUTION: YOUR ENCRYPTION KEY CANNOT BE RETRIEVED IF YOU FORGET IT.

    Why does ZenVault Medical insist I use four different identifiers and codes just to use my account?
    It may seem excessive to have you use multiple different passwords, codes, logins, and such just to use your account. We apologize if this is inconvenient, but it is really all about your security and privacy. We follow some of the best encryption and privacy practices in the industry to keep your personal information personal. To help clarify, here is a brief explanation of what each of these does. It is helpful to compare your ZenVault account to a house, with a locked front door and a safe or vault hidden somewhere inside for storing valuables.

    • Login Name simply identifies you and tells the system which account is being accessed. It is kind of like the address of a house.
    • Your Password lets you in to your account when used in conjunction with your Login Name. It is like a key to the front door of the house.
    • Your Member Code allows files to be sent into your account. It can be compared to a mail slot in your front door. It allows one-way delivery, but prevents anyone from actually getting inside .

    Your encryption key unlocks the private information you store in your account. It can be compared to the combination of a safe where you keep your valuables. But encryption key instead of locking up money and jewels it locks up your personal medical information. In order to get at this information you would need your password and the encryption key, just as you would need a door key and the combination to the safe.

    How do I create my encryption key?
    You will be asked to create an encryption key when you initially create your ZenVault account. This will be your permanent encryption key. Your encryption key should be different from your password. It should be between 4 and 15 characters long. You will be asked to provide your encryption key every time you sign in. Make a record of your encryption key and keep it safe. The encryption key ensures that only you or whomever you give it to will have access to your Personal Health Records. Please treat your encryption key as you would treat your bank account number or a key to your safe deposit box: keep it safe and don’t give it to anyone unless you trust them completely!

    CAUTION: YOUR ENCRYPTION KEY CANNOT BE RETRIEVED IF YOU FORGET IT.

    Why can’t I retrieve my encryption key if I forget it?
    For your privacy and the protection of your Personal Health Record our system was intentionally designed so that no one can retrieve your encryption key. Not even our system administrators can retrieve it if you forget it. This provides an extremely high level of protection in the unlikely event that someone either outside or inside our system tries to impersonate you. If our system is “hacked” the hackers will not be able to retrieve your encryption key and therefore will not be able to read your encrypted information. Although this places extra responsibility on your shoulders it also provides a far higher level of security and makes ZenVault a far more valuable service. The encryption key ensures that only you or whomever you designate will have access to your Personal Health Records. Please treat your encryption key as you would treat your bank account number or a key to your safe deposit box: keep it safe and don’t give it to anyone unless you trust them completely! We also recommend that you maintain a copy of all of the records you upload just in case you ever need to re-establish your Personal Health Record.

  4. USING ZenVault

    What browsers can I use?
    ZenVault supports all major browsers including Firefox, Google Chrome, Safari, and Internet Explorer. The ZenVault website is formatted for viewing on most mobile phones. You can also use the ZenVault iPhone app on your iPhone or iPad.

    What is the Personal Health Form?
    The Personal Health Form is your central historical document within the ZenVault system. It enables you to summarize your health history, adding as many current and former doctors, medications, medical conditions, allergies, and other important facts as you need to. You can update your Personal Health Form at any time.

    How many doctors, medications, illnesses, injuries, and so forth can I enter into the system?
    As many as you want.

    What is the ICE page for?
    ICE stands for “In Case of Emergency”. This is a special page accessible without providing your encryption key. The ICE page displays vital information from your PHR including identification, blood type, allergies, drug interactions, medications, your doctors’ contact information, and more. We make the ICE page readily accessible in order to make it easier for you to provide doctors and emergency personnel your life-saving information in an emergency. Note that you will need to log in with your username and password to access the ICE page, but you do not have to provide your encryption key.

    How is ZenVault useful during an emergency?
    ZenVault provides an “ICE” page (In Case of Emergency) that is accessible without the encryption key. The ICE page summarizes your most important life-saving information like pre-existing medical conditions, medications, allergies, blood type, and doctors’ contact information. You have to log in to your account to see the ICE page.

    Can I use ZenVault over my mobile phone or other mobile device?
    Yes. The ZenVault website is adapted for mobile phones, and we offer a free iPad or iPhone app that works with Free and Premium memberships. With a Free membership you can read and send your Personal Health Form from your iPhone, iPad, or other mobile device. With a Premium membership, you can read and send your Personal Health Form, plus look at stored medical records, send stored medical records, look at and make calls from your Medical Contact List, and perform other useful functions.

    What if someone doesn’t have a computer. Can they still use ZenVault?
    Yes but the user would need a smart phone or other mobile device like a tablet computer. The ZenVault website is adapted for mobile phones, and we offer a free iPad or iPhone app with Free and Premium memberships.

    My children stay with relatives a lot. Can I grant the relatives access?
    To grant anyone access to a ZenVault account, you need to give them the User Name, Password, and encryption key. This will give them full access.

    My doctor does not know about ZenVault. Can I still use it?
    Yes. ZenVault is independent of all medical practices, insurance companies, drug companies, and any other entity. You can store all your medical records independently of your doctor. You can still email your doctor your Personal Health Form and stored medical record files any time you have an appointment, and they don’t need to be a member! And your doctor’s office can upload records to your ZenVault account even if they are not a member. When you ask them to upload your records, give them your Member Code. All they need to do is email your records as an attachment in .PDF format to your Member Code at ZenVault.com. For example, if your Member Code is CT3AB1234, have the doctor email your records to CT3AB1234@zenvault.com. It’s that easy.

    I can’t answer a lot of the questions on the Personal Health Form. I will have to leave lots of them blank. Is this a problem?
    That is no problem at all. However, the more complete your record the more useful it is for Emergency Medical Services (EMS) and other doctors. A more complete record gives them a better picture of your health and any medical conditions you have. This makes it less likely that they will inadvertently administer drugs to which you have a negative reaction, perform tests you have already had, or attempt treatments that may have failed you in the past.

    Every time I go to the doctor he prescribes something new. How do I keep track?
    As soon as you have the opportunity, log on to your ZenVault account and go to the Medications section. Enter the information about your latest prescription. You can also go to the Doctor Visits section and describe the appointment and any drugs your doctor prescribed. Do it right away, while the details are fresh in your memory. Keep any old, discontinued prescriptions in your profile but mark them as discontinued, indicate when they were discontinued, and in the notes section be sure to say why they were discontinued. That way any doctors you see in the future will know what happened with that particular drug. Some doctors may be willing to update your ZenVault record for you.

    What about “Alternative” medical care? Does ZenVault accommodate records from alternative practitioners like acupuncturists, chiropractors, and hypnotists?
    Yes. The ZenVault Personal Health Form is constructed in a way that accommodates the records and notations commonly found with alternative medical care. In fact, several of our staff members and founders use alternative care themselves, so we were careful to accommodate it when we built the system. Your alternative practitioners can be listed just as any other doctor would be. The Records section enables you to upload any file you like, whether it is an X-ray, herbal prescription from your acupuncturist, exercise instructions from a physical therapist, lab report, reflexology chart, or anything else.

    How do I record vitamins, supplements, and herbal medications?
    You record them similarly to prescription and over-the-counter drugs in the Medications section. The Medications section is carefully designed to accommodate drugs, supplements, herbs, vitamins, and other medications, whether prescription or over-the-counter.

    Should I record my use of medical marijuana, whether legal or not?
    It is up to you what you record in your own profile. Keep in mind that any substance in your system may have an interaction with medications doctors give you. Doctors can avoid dangerous drug interactions if they have complete information about what might be in your system.

    Should I record my use of illegal or recreational drugs?
    It is up to you what you record in your own profile. Keep in mind that any substance in your system may have an interaction with medications doctors give you. Doctors can avoid dangerous drug interactions if they have complete information about what might be in your system.

    Is there a medicine alarm or reminder to tell me when to take my medications?
    No. ZenVault does not offer services of this type at this time.

    Do I need to list over-the-counter medications like aspirin and allergy meds?
    Yes. Over-the-counter medications can have powerful effects, particularly when combined with stronger prescriptions and drugs administered in the emergency room. Nothing requires you to list them but it is absolutely in your best interest to do so.

    Do I need to list over-the-counter supplements like vitamins, minerals, and herbs?
    Yes. Some supplements and herbs can have powerful effects when combined with prescriptions and drugs administered in the emergency room. Nothing requires you to list them but it is absolutely in your best interest to do so.

    Can ZenVault explain what particular drugs are for and what their side effects are?
    No. ZenVault is merely a service for storing records and does not provide or distribute medical advice.

    Can ZenVault recommend the best drug, doctor, or therapy for my condition or illness?
    No. ZenVault is merely a service for storing records and does not provide or distribute medical advice.

    Do I have to list my depression or other psychological illness? I want that kept completely private.
    ZenVault is your own medical record. You can include anything you like, or leave out anything you like. However, psychological illnesses, mental illnesses, and the medications prescribed for them can have serious interactions with other drugs, injuries, illnesses, conditions, and treatments. For example, medication for depression may interact badly with drugs prescribed for pain. The more your doctor knows about your medications, and medical conditions, the more likely he or she can avoid dangerous drug interactions. It is in your own best interest to provide a complete history.

    Who will the emergency room call in case of an emergency?
    ZenVault has no control over whom the emergency room staff may try to call, but it is likely they will look for your closest relative first, or whomever you list first in either the Personal Contacts or Healthcare Providers sections. ZenVault lets you list any number of Personal Contacts and Healthcare Providers on your Personal Health Form.

  5. MANAGING YOUR FILES

    How many records or files can I store?
    You can store or “upload” as many individual files as you want in your ZenVault account.

    What kind of extra records can I store in addition to the Personal Health Form?
    You can upload virtually anything. We recommend uploading electronic scans of old paper records, from as far back as you can get them. You can upload electronic files of X-rays, MRI scans, and other medical imaging. Anything that can be scanned or converted to electronic format can be uploaded. Patients of acupuncturists, reflexologists, and other alternative practitioners can upload notes, instructions, and other documents that pertain to their treatment.

    What do “upload” and “download” mean?
    “Upload” means to send an electronic or digital file to ZenVault for storage. Uploads can be done by:

    • Using the “Upload Record” function to send a file from your computer to your account
    • Emailing a file from your computer into your account
    • Having your doctor email a file into your account

    “Download” is the opposite: to send a file from your ZenVault account to somewhere else, and either read it or store it on your computer or cell phone. You can download a file from your account by using the “Send Message” function within the Records section to send a file from your account to your own email address, or to a doctor’s email address.

    What do you mean by “File format”?
    Computers use digital files. “File format” or “file type” just refers to the type of digital coding that makes up the file. The most convenient file format for use with ZenVault is .PDF (Adobe Acrobat).

    What file formats does ZenVault allow me to upload?
    Currently, you can upload .PDF (Adobe Acrobat) files, .JPG/.JPEG and other common image files, and .TXT (plain text) files.

    What is a .PDF file?
    PDF stands for “Portable Document Format”. It is an extremely convenient and versatile file format that makes digital files appear exactly like the original file. So if you have a computer file that contains carefully arranged text and images, a PDF version will contain the same text and images and it will look just like the original. A PDF file can be read universally on just about any computer: PC, Macintosh, and more. Most computers are already set up to create simple PDF files. So it should be fairly easy for you or your doctor to convert your records into PDF. PDF was created by Adobe Systems and has been in use for over 15 years.

    What is a .JPG file?
    .JPG is a type of electronic file used for images or pictures. It is universally readable on any computer or cell phone you are likely to use. It is extremely useful for storing large images like X-rays and MRI scans.

    How are files stored in my account?
    ZenVault uses patent-pending military-grade Zencryption™ to scramble and store your uploaded records and all the information in your Personal Health Form. When you enter information in your Personal Health Form, it goes into the database and is encrypted for security and privacy. You need your encryption key in order to unscramble and read this data. Uploaded medical record files are stored individually in an encrypted and compressed state so they can be downloaded only if you provide your encryption key.

    Can I link or associate a specific record (such as an X-ray) with a particular doctor, illness, surgery, or other item in my medical history?
    Yes. After uploading a file like an X-ray, MRI scan, lab report, or other record, you can associate it with practically anything else in your ZenVault PHR. For example, associate a neck X-ray with a hospitalization, a surgery, the doctor who did the surgery, the painkiller medication you were prescribed, and the chiropractor who is giving you ongoing care. That way your vital X-ray record is readily accessible from any of these items.

    My doctor does not use electronic medical records. Can I still use ZenVault?
    Yes. You need to have your paper medical records digitally scanned so they are in electronic format. They can then be uploaded to ZenVault. You can do this yourself or take them to a copy shop or other service that offers scanning. Your doctor may even do this for you (some doctors will charge you for this). Your files should be in .PDF format for upload. Your doctor or the copy shop can email any number of scanned files to you at your Member Code at ZenVault.com. For example, if your Member Code is CT3AB1234, have the doctor email your records to CT3AB1234@zenvault.com. It’s that easy.

    How do I get my records from my doctors?
    Medical practitioners are required to provide your medical records if you request them. They may charge for this service. Under HIPAA rules doctors need you to sign a release form authorizing them to release records into your possession. ZenVault provides a generic HIPAA release form you can use for this purpose (available in the Settings section). Contact your doctor’s office and explain that you want a complete copy of your records. If you are no longer actively seeing this doctor, they may send you the entire original record. Some doctors may send your records on paper, and some may offer to send them to you electronically. If they offer to send them electronically, ask for them to be in .PDF format if possible. Some doctors use their own Electronic Medical Records system (EMR), in which case they can usually save your record as a .PDF file, which can be uploaded to ZenVault Medical. When you ask them to upload your records, give them your Member Code. All they need to do is email your records as an attachment in .PDF format to your Member Code at ZenVault.com. For example, if your Member Code is CT3AB1234, have the doctor email your records to CT3AB1234@zenvault.com. It’s that easy.

    I have a bunch of paper records, X-rays, and MRI scans. How do I get those uploaded?
    You will need an electronic file of any documents or images you upload. You can request electronic files from the doctor who holds the original files, X-rays, or other images. They may charge a fee for this service. Or if you have only the original X-ray or paper printouts of your documents, you can have them scanned. You can do this yourself or take them to a copy shop or other service that offers scanning. You can upload files in .PDF, .JPEG, and .TXT formats. To upload files, your doctor just needs to email them to your ZenVault account. They can email any number of files to you at your Member Code at zenvault.com. For example, if your Member Code is CT3AB1234, have the doctor email your records to CT3AB1234@zenvault.com. It’s that easy.

    Where do I go to get my paper records scanned so I can upload them to ZenVault?
    You can request scans of your paper records from your doctor, or if you have the paper records in your possession you can take them to a copy shop or other scanning service and have them scanned for you. You should ask them to put your files into .PDF format.

    What happens if I accidentally delete a file or the data in my Personal Health Form?
    There are a few ways to recover deleted data. First, ZenVault keeps a record of all activities. This makes it possible to restore previously deleted records, or previous versions of your Personal Health Form. If you want to try to restore records in this way, contact ZenVault customer service. Second, you can always upload a document a second time, replacing one that was deleted. Third, if your deletions to the Personal Health Form were not extensive, you can go back and simply fill in that information again.