General Terms and Conditions

Thank you for your interest in using the MyHealthAvatar platform!

To access and use the MyHealthAvatar Platform (“the Platform”), you will need to register with the Platform and become a member. When doing so, you will be asked to tick a box by which you confirm that you have read and understood both the following General Terms and Conditions and the Privacy Policy. The documents also include a number of warranties that relate to your own legally compliant use of the platform.

You may address any questions about the Platform or your registration to Professor Feng Dong, University of Bedforshire (mha@ccgv.org.uk).

I. General Information

These Terms constitute an agreement between yourself as a registered user of the Platform (www.myhealthavatar.org) and MyHealthAvatar (www.myhealthavatar.eu).

MyHealthAvatar platform (“the Platform”) and was developed as part of a European research project within the 7th Framework Programme of European Commission and ended by February 2016. The project, named 4D MyHealthAvatar, focused on research and demonstration actions, through which the achievability of an innovative representation of the health status of citizens, was explored.

The project was composed of parties to the MyHealthAvatar Consortium, namely:

The former project’s lead partner, University of Bedfordshire, England, has assumed responsibility for the Platform and is the first contact point for users now. Questions and comments may be addressed to the former MyHealthAvatar project coordinator Professor Feng Dong (mha@ccgv.org.uk).

By registering for an account and/or using MyHealthAvatar services you signify that you agree to these Terms and Conditions. MyHealthAvatar services consist of online and mobile services, including, but not limited to: the Platform, software, the MyHealthAvatar app (“the App”) developed by the project to collect and access data that are stored at the Platform and Third Party apps (Fitbit, Withings, Moves, Twitter) that you can link with your MyHealthAvatar account (“Services”).

II. Purpose of the MyHealthAvatar project

MyHealthAvatar was a non-profit research project to study how technologies are able to help patients and citizens look after their own health and wellbeing. It aimed to provide a proof-of-concept solution for the collection, access, and sharing of long-term and consistent personal health status and lifestyle data through an integrated environment, allowing more sophisticated health data analysis, prediction, prevention and treatment simulations tailored to individual citizens. Thereby the information provided by MyHealthAvatar should be valuable for clinical decisions concerning individual user care, and in helping them to best manage their own health and lifestyle. The intention from the beginning was that the Platform and the App should remain a usable and useful resource for users after the project end, too.

If you decide to become (or, in the case of users who previously registered during the project testing phase, remain) a user, MyHealthAvatar will collect and store the data provided by you either through the sensors linked to MyHealthAvatar, or through the user interface of the system. The intelligent data analysis software in MyHealthAvtar will then:

The data will be stored in the public cloud server Linode, based in London and rented by ANS.

III. Eligibility for Membership

In order to register to use the Platform, you must be aged 16 years or above. By signing up to the Platform you confirm that you are aged 16 or above.

Organizations, companies, and businesses may not register with the Platform.

IV. Functionalities of MyHealthAvatar and Use of Content

In order to use the functions of MyHealthAvatar to its full extent, you will need to upload personal data, including health data to the Platform. The manner in which MyHealthAvatar will process and make use of this data is outlined in the Platform’s Privacy Policy.

The following are the main intended functions of the Platform:

- A sign in page to sign in or to sign up for your personal account in MyHealthAvatar.

- A dashboard with the following functionalities:

Moreover, you will be able to view

- A diary that allows you to collect, store and show data relating to matters such as: walking, transport, running, cycling, calories, diet, mood and blood pressure. You can also view data concerning the history of your locations and activities acquired from location methods such as GPS, AGPS and wifi locations. The locations and activities include home, work, shopping, restaurant, transport, healthcare, sports, entertainment, hotel, public service, friend’s home, and children’s school using a map together with a clockview for visualising time information of the activities. The diary includes an event planner in which you can enter data via the “Event Table”. Moreover, the diary gives you an overview of your Fitbit, Withings and Moves statuses.

- A LifeTracker that includes most of the functionalities of the diary. The LifeTracker allows you to explore your daily activities and life patterns. You can choose between 13 categories of data (home, work, shopping, restaurant, transport, healthcare, sports, entertainment, hotel, public service, friend’s home, children’s school, and unknown) to map all the locations and activities.

The LifeTracker includes

- An Activity Timeline describes your life patterns via a timeline (Activity Stack”, “24hour Activities”, “Activity Cloud”, “Activity Bubbles”, “Movement – Place”). The Activity Timeline allows you to view your activity data within a selected time period.

- ‘My Events’ functionality to order and access your events. You can use different categories to display information.

- LifeLoop that gives you an overview of your collected data, presenting in a easily grasped form the frequent, rare or similar patterns as well as significant life patterns changes.

You can select a category to query and use cluster settings such as Threshold, Place weight, Category weight, Distance weight, Duration weight and Graph opacity range. You can decide if you want to use location methods such as GPS, AGPS and wifi location for the presentation of your data.

- The tab ‘Well-being’ includes weight, fitness, diet, heart, sleep, mental health and eye health. You can learn information provided by the UK NHS about the above-mentioned topics and track your weight, fitness, diet, sleep on ChartView. There is a weight watcher as well as a diet watcher and you can monitor your heart on ChartView, check your heart age and enter your blood pressure to find out what it means. Furthermore, you can monitor your eye pressure on ChartView and your mental health on Diary and on ChartView.

- The tab ‘Diseases’ to learn information provided by the UK NHS about diabetes, hypertension, stroke, cardiovascular, dementia, eyelid problems. You can monitor your diabetes, hypertension condition, stroke condition, cardiovascular condition, dementia, and  eyelid condition on ChartView. You can use the risk calculator for cardiovascular disease (10-year risk), hypertension (1, 2, 4-year risk), diabetes (8-year risk) and a stroke (10-year risk).
Please note that these functionalities, and those of the toolbox below, are of a general educational nature, and not intended for the purpose of individual diagnosis, prevention, monitoring, treatment or alleviation of disease. For more information, please see Section XIV (Medical advice disclaimer).

- A toolbox that includes the following services for informational, educational and research purposes:

- Charts, which is a method to visualise time-varying data and events in a linear layout which is suitable for continuous variables which may cover a relatively long period, such as health indicators and medical measurements.

- You can upload data by using the ‘Data Input’ functionality:

Š      You can link data collected by devices and applications which you can connect with MyHealthAvatar. Currently these are Fitbit, Moves, and Withings. There is a Chart to see all collected data by Fitbit, Moves, and Withings.

Š      Moreover, you can connect Twitter to connect with MyHealthAvatar. In the future, there may also be further Third Party applications that you will have the option to connect to (by granting them access-permission).

 

Š      You can:

-  upload selected files by browsing your computer;
- enter medical data such as care provider, immunisations, allergies, problem and history,
- enter clinical data;

- upload your medical images;
- use the Medical Images View;
- allow your doctor to use IndivoX, an Oncosimulator application.

 

- As a motivation for yourself, you may set freely definable daily goals such as targeted number of steps, distance, active minutes, calories burned, body weight, BMI, systolic blood pressures, diastolic blood pressures.

 

- ‘My Profile’: Your data may be stored in the following profiles, which represent categories of data. You may choose which of the possible elements you would like to submit to the Platform.

- A help button that you can click on to see different tutorial videos and help documents.

- There is also a 3D Avatar representing an overall interactive anatomical model. The human anatomy model set can be explored by selecting different buttons from the toolbar. Depending on the adjustment of the toolbox, the anatomy model will be presented in different aspects. For instance, the anatomy model can be represented semi-transparent meaning that internal organs can be presented non-transparent whereas the rest of the model is transparent. Another example is that you can click on specific parts of the model and zoom it.

- Moreover, you may answer a questionnaire on your Quality-of-Life (QOL), and also a patient questionnaire to help your doctors keep track of how you are feeling.

The MyHealthAvatar mobile app that helps you to access your data that is stored in the Platform from your mobile phone (i.e. as an additional option besides normal web-based access). Please note that you need an android based smartphone to install the MyHealthAvatar app. Before installing the app, the app will ask you to authorise the following functionalities:

*You can disable this functionality later in the mobile setting. The app will only make use of its authorisation while using this functionality.

Please only download and install the MyHealthAvatar app (“the App”), if you are happy for it to do the above.

The specific main functionalities of the App (that are not offered by the web-based Platform) include:

- a Journal to remind you of entering data you want to collect.

- a Statistics view to enable you to view your activities from the mobile application.You can chose between different filters, such as steps, distance, calories, active minutes, weight, BMI, insulin, glucose, blood pressure systolic and blood pressure diastolic.

- a Calendar
to schedule your events including your medications. It can also be used to view places you have visited and get a more detailed view of each individual day via a navigation-based animation. It is also offers to tool to allow you to annotate your locations.


- Settings including Services (living well, diabetes, prostate cancer, eye health, heart care), Data Mode, Step Sensor, Journal Message, NHS News, Goals Report, Journal Alarm, Activity Sensor, Location Sensor, Reduce Weight Program.
Depending on the service the app will ask you to collect data, such as data concerning weight, calories, steps, and emotion. You can also join a game to find out who of your friends has reached the highest amount of steps to motivate yourself to take more steps.
There are also specific functionalities:
For the diabetes service you can upload data concerning glucose that you have collected by another app.
The prostate cancer includes a motivation to relax by taking deep breathes.
The eye health service allows you to test your eyesight and to store data concerning your eye pressure that you have collected by another app.
The heart care service includes the functionality to measure your heart rate by finger sensor.

- a Data view to present collected data.

- a data sharing interface that will allow you to share collected steps with your connected friends.

Please note that the functionalities of the App are of a general educational nature, and not intended for the purpose of individual diagnosis, prevention, monitoring, treatment or alleviation of disease. For more information, please see Section XIV (Medical advice disclaimer).

V. Your rights to use MyHealthAvatar Services

MyHealthAvatar grants you a personal, worldwide, royalty free, non-assignable, non-exclusive license to use MyHealthAvatar Services for the purpose, to the extent and for so long as the Services are provided to you under these Terms.

All rights, title, copyrights, and interest in MyHealthAvatar Services (excluding user generated content) are reserved and owned by MyHealthAvatar parties. The Services are protected by copyright and other applicable laws.

VI. Enabling Receipt of Terms and Conditions of MyHealthAvatar

We would recommend that you ensure that your up-to-date email address is held by MyHealthAvatar so that we can inform you in case of the need for a re-consent due to a change to the General Terms and Conditions and/or the Privacy Policy.

VII. Restrictions on upload of data

You warrant not to upload to the Platform any personally identifiable information about a Third Party unless you have their written and explicit consent to do so. In case of diseases with a strong and direct hereditary component, you warrant that you have obtained the explicit permission of your family members before uploading information that are related to such diseases. In case you are unsure about the hereditary nature of a given condition, please ask your physician.

You agree to not upload to the Platform any, obscene or indecent, threatening, offensive,

malicious, or libellous information, or information which infringes any copyrights,

trademarks, patents or other proprietary rights.

It is also prohibited to upload media of any kind that may give rise to civil or criminal liability

under applicable law or regulations or that otherwise may be in conflict with these Terms and the MyHealthAvatar Privacy Policy.

You further warrant that you have the right to use, copy, display, perform, transmit and distribute any uploaded data.

MyHealthAvatar reserves the right to delete uploaded data that does not fulfil the above-mentioned requirements.

VIII. User generated content

You agree that you have and/or have obtained all necessary intellectual property rights (IPR) required to allow posting, communicating, transmitting, using, copying, displaying, performing, distributing any IPR Content submitted to the Services by you.

All user generated content made available on MyHealthAvatar Services is the responsibility of the user who originated such content. MyHealthAvatar does not monitor the content made available on its Services by the users and does not accept any responsibility for such content, unless MyHealthAvatar has obtained knowledge or awareness of illegal activity or content on its Services. If you use and/or rely upon any user generated content transmitted via the Services, you do so at your own risk.

IX. Third Party services

MyHealthAvatar allows connections to Third Party services, and may provide links or references to websites, services and/or apps operated by third parties, in particular: Fitbit, Withings, Moves and Twitter. MyHealthAvatar neither monitors nor investigates such websites and is not responsible for the content, functionality, or practices of Third Party services. If you decide to access such Third Party services, you do so at your own risk. By agreeing to share your MyHealthAvatar data, information or content with Third Party services, you understand and agree that use of such data, information or content by Third Party services is governed by those Third Parties’ terms of use and privacy policies. MyHealthAvatar recommends that you read the terms of use and privacy policies (if any) on those Third Party services. You agree that MyHealthAvatar bears no responsibility and will incur no liability of whatever kind for any damage or loss that results from your use of a third party service.

X. Member Notices

By signing up to use the MyHealthAvatar Services, you agree that MyHealthAvatar may send you any necessary communication about the Platform by using your email address.

XI. Termination of Membership

MyHealthAvatar has the right to terminate your membership immediately for what it in its reasonable discretion considers to be a significant violation of any of these terms.

XII. Modifications to these Terms

MyHealthAvatar may modify these Terms in part, at any time and without prejudice to the validity of the other provisions. In such a case you will be notified by email, and asked to re-consent to your continuing membership. If you do not want to give re-consent in such a case, you will have the opportunity to download all your selected and stored profile data as a PDF file.

XIII. Applicable law

These Terms are governed by English law.

XIV. Medical advice disclaimer

The Platform and the App do not offer medical advice and are not medical devices. Equally, the submission of your data, together with your use and access of the Platform, shall in no case give rise to a physician-patient or any other kind of fiduciary relationship between you and the operator of the Platform.

All material, information, content and Services (particularly the toolbox to calculate your risks of developing long term medical conditions/diseases on the basis of the established medical models, the Nephroblastoma Educational functionality, the Medical Documents Semantic Search, the Drug Interactions, and IAPETUS, the well-being and diseases tabs,  and the data input functionality as well as the functionalities living well, diabetes, prostate cancer, eye health and heart care) offered by the Platform and the App are provided for informational, educational and research purposes only. They are not intended as a substitute for professional medical advice, diagnosis, prevention, monitoring, treatment or alleviation of disease. No medical decision should be based on anything coming from the Platform or App.

Please consult your physician or other qualified health care providers if you have any questions about your health, a medical condition, taking drugs, or possible courses of treatment.

Do not ignore professional medical advice or delay in seeking it because of information you obtained through the Platform.

MyHealthAvatar neither endorses nor assumes any responsibility (whether tortious or contractual) for any advice given or information referred to on the Platform, including certain physicians, procedures, drugs or other information that may be mentioned.