Terms of Service and Privacy

Last updated May 8^th, 2021

Welcome to NICU2HOME!

1. Introduction

Thank you for using the NICU2HOME application, services and features we make available to you as part of the service (collectively, the “Services”). Our Terms of Use Agreement (“Terms”), along with our Privacy Policy, govern the terms of the relationship between you (“You” or “User” and your spouse or partner or families if you opt him, her or them and/or your children or babies into the Services) and Gingiber Labs Inc (“G-LABS”, “we”, “us”, or “our”). You accept these Terms when you use the Services.

• Our Services

The Services is designed to support Neonatal Intensive Care Unit (“NICU”) parents and families like you. You are agreeing to be bound by these terms and conditions by using our services and this is a legally binding agreement between you and us. You agree that the Services are for informational or educational purposes only. You agree that you will not seek any diagnosis, prognosis, treatment or medical advice of any kind. The Services allow you to access all or some of the following information depending on your relationship with the NICU infants and your status in the NICU.

• Personalized education contents based on infant and family wellbeing
• Daily updates on baby’s weights, feeding, breathing, and other clinical information
• Real-time information about your baby’s care team in the NICU
• Milestone tracking for your baby’s special moments
• One-touch calling directly to the NICU
• A community section to learn about upcoming events and share experiences with other service users
• Self-tracking tools for parents and infants including pumping output, infant feeding and growth
• Displaying you and your infant’s progress as part of the journey feature
• Ability to connect with your partner or support system via the service

• Use of the Service

3.1 Eligibility

You must be at least 13 years old to use the Services. If you are under 13, you represent that you have your parent or guardian’s permission to use the Services. Please have them read this Agreement with you.

You may not use the Services if you are investigating the Services for competitive research or for a harmful, malicious, disruptive, or unlawful purpose.

3.2 Terms and Condition of Use

By downloading, installing, accessing or using the Service, you agree to be bound by these Terms and Conditions of Use. You acknowledge that your use of the Service constitutes the use of an electronic signature, and you agree that using the Service is your written acknowledgement that you were provided with the information in these Terms. 

We reserve the right to amend these terms and conditions at any time. If you disagree with any of these Terms and Conditions of Use, you must immediately discontinue your use of the Service and delete the app. Continued use of the Services will constitute acceptance of these Terms and Conditions of Use, as may be amended from time to time.

3.3 Content of the Services

The content on the Services includes information about your baby or babies and care team in the NICU. The Services are tested to ensure accuracy of the information, compliance with application regulations and product safety requirements. However, the Services are provided on an as-is basis and without any warranty regarding accuracy, adequacy, completeness, legality, reliability or usefulness of the information. The Services make no medical claims and should never replace your contact with the healthcare providers in the NICU or your doctor or your child’s doctor. Any questions or concerns about you or your baby should be immediately presented to the healthcare providers in the NICU, to your doctor or your infant’s doctor.

We cannot guarantee and are not responsible for the accuracy, completeness or timeliness of the Content provided in the Services. Any opinions, advice, statements or other information included in the Services are the responsibilities of the user or third parties and not us. We do not endorse and are not responsible for the accuracy or reliability of any information made in the Services including the Community feature (see below).

The content on the Services also includes user-generated content including text and photographs. The user-generated content is the responsibility of the person that provides it to the Services. G-LABS is under no obligation to host or serve Content. If you see any content, you believe does not comply with the Agreement, you can report it to us by emailing nicu2home@gingiberlabs.com.

The education content on the Services includes copyrighted material (text, photographs, and videos). All education content is protected by copyright under both United States and foreign laws. Any use of the content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of G-LABS. All rights not expressly granted herein are reserved to G-LABS and or the owner of the content indicated in each content.

3.4 Community Feature

The moderator from the NICU2HOME team will post regular engaging content curated to promote family encouragement, identification and development of personal strengths, and emotional support through the camaraderie of shared experience. These curated posts will appeal to both families with babies in the NICU and families with babies who have graduated from the NICU. Parents may view these curated posts and others’ comments on the curated post. Users may choose to comment on curated posts which are in turn visible to all other parent users.

To protect your privacy or to preserve anonymity, users may choose to create a “nickname” that will be displayed when they comment on curated posts. In addition, users may pick an image, photo or avatar to represent themselves in the Community. To use Community, commenting is not required. Comments do not need to contain identifiable information. Users may choose to share identifiable information or not as desired. Parents who participate in Community will not be excluded from any community posts if they do not wish to share identifiable information. Users may choose to report any abusive or emotionally sensitive comment to the NICU2HOME team through the NICU2HOME app. Once this team receives a complaint, we will review it and decide if the comment should be removed. In case a comment is deemed abusive or goes against the spirit of Community, we will remove the comment and the user will be notified by email. If a user is reported twice and found to be in violation, the user will no longer have access to the Community feature.

For the Community feature, this basic app feature is available to NICU2HOME+ parent users only. Only parents can view curated posts on engaging topics, comment on posts, and view other parent users’ comments in order to feel supported from the shared experiences of peers. If you are an invited family or friend, this feature will not be available to you. Further, the Community feature is not intended to provide a forum to discuss medical care, treatment, or hospital caregivers. The Community feature is moderated and chaperoned by the NICU2HOME team who reserves the right to remove any comment from the users if that contains any inappropriate topics or usage.

YOU USE THE SERVICE AT YOUR OWN RISK. WE DO NOT PROVIDE MEDICAL ADVICE.

In no event will G-LABS, its officers, directors, employees, affiliates, agents, attorneys, representatives, vendors, licensors or business partners be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided through the Services.

• Intellectual property

Our Services and the information contained within is the property of G-Labs and is protected from unauthorized copying of dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Use of the Services does not give you ownership of any intellectual property rights in any of the Content, documents, or other materials. You may not copy, redistribute or publish any part of the Service unless expressly permitted by these Terms. 

• Privacy Policy

5.1 Personal Data We Collect

We collect the personal data that you choose to submit to us through the use of the Services and the invitation request on our website. We collect your name, phone number, email, and relationship with your baby. We also collect your baby’s information from information you provide as well as the Electronic Medical Record (EMR) system at the hospital where your baby is located (i.e., Prentice Women’s Hospital, Central DuPage Hospital, Northwest Community Hospital, and Rush University Medical Center). This information will include the following: baby name, age, gender, medical record number (MRN), and a variety of vital signs and milestones for the purpose of service delivery. We automatically collect your IP address, data about your mobile device such as device type and operating system, and data about your activity in the apps such as the articles you view and features you use. To facilitate automatic collection of the data about your device and activity, we store cookies and similar technologies on your device.

5.2 How and Why Do We Use Personal Data?

We use your personal data to: 1) provide the Services to you, 2) personalize the Services by showing you content relevant to your infants’ condition and parenting journey, 3) provide support and troubleshooting, 4) send you email or text communications about the Services, 5) provide security for the Services and obtain analytics about app performance, 6) develop and improve our products and services, 7) conduct clinical and scientific research, and 7) create deidentified data to be used for service improvement, research and development. If you are uncomfortable with this data use do not use the Services.

G-LABS may use such Personal Data or Other Information for evaluation, assessment, consultation, and demonstration purposes.  Your Personal Information and Other Information will be kept confidential at all times. You will never be identified by name and only referred to with a pseudonym.

5.3 Images and Content You Share

By submitting your child’s image and name you acknowledge that this is not confidential and that you have all the necessary permission to submit, post and otherwise make the photo and name available and consent to us using the photo within the app and in electronic communications to invitees and account owners. These images and names could easily be forwarded to anyone either an invitee or account owner or anyone else. If you do not want an image and name to be distributed widely you should not submit the image and name.

6. Data Security

G-LABS protects personal data with security measures that are consistent with industry standards, including background checks on all employees and data encryption in transit and at rest. Our data is hosted by Microsoft Azure Services, which maintains multiple security certifications. We will notify you of security incidents as required by law. If you are uncomfortable with this data security do not use the Services.

• Data Retention

We store your data for the period that your account is active and then for a further period in case you return to use the Services again. After this retention period ends, we will delete your data.

• Complete Agreement

These Terms constitute the entire agreement between you and G-LABS with respect to the use of the Services. I hereby agree with these Terms, and this Agreement is the complete and only statement of my agreement with G-LABS.  It takes priority over any previous verbal or written agreement concerning this subject matter.

• Contact Information

If you have any questions about this agreement, you may contact use at the following email address: nicu2home@gingiberlabs.com.