Wayfinding privacy policy

End User License Agreement

Effective date: May 22, 2023

The End User License Agreement (“EULA” or “Agreement”) is by and between Allina Health System and its affiliates (“Allina Health”), and you, the user (each, an “End User” or “you”) of the wayfinding software application (“the “App”).  By clicking “I agree” or otherwise using the App, you expressly acknowledge having read this Agreement and having understood the rights, obligations, terms and conditions set forth herein and consent to be bound by the terms and conditions contained herein.

PLEASE READ THIS AGREEMENT CAREFULLY. YOUR USE OF THE APP IS SUBJECT TO AN ARBITRATION PROVISION IN SECTION 5 OF THIS AGREEMENT, REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION. PLEASE CAREFULLY REVIEW SECTION 7 FOR MORE INFORMATION.

  1. Ownership and License Services. The app assists visitors in navigating to and within Allina Health’s metro hospital locations. Allina Health may modify or discontinue the App or modify or terminate the EULA or the terms thereof at any time in its discretion.
  2. Ownership. As between the parties, Allina Health retains all title, interest and rights in and to the App and all associated content and related intellectual property thereto. All rights not expressly granted in these Terms are reserved by Allina Health and if applicable, its third-party providers.
  3. License. Allina Health hereby grants to you a limited, non-exclusive, non-transferable, non-sublicensable license to use the App for your personal purposes on any devices owned or leased by you, and as permitted by the usage rules set forth in the respective App Store Terms of Service (the “Usage Rules”).
  4. Restrictions. Except as expressly permitted within the Usage Rules, you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not transfer, sell, redistribute, assign or sublicense the App, and if you sell your device to a third party, you must remove the App from the device before doing so. You may not copy, reverse-engineer, dissemble, attempt to devise the source code of, modify or create derivative works of the App, any updates or any part or content thereof, nor may you exploit, copy or reproduce the App. Further, you will not, and will not permit any third parties to: (i) allow the introduction of any harmful or malicious code into the App that causes or is designed to disrupt, disable, harm or otherwise impair in any manner the App, the operation thereof, or to allow you or any other third party to access, damage or corrupt any data, storage media, programs, equipment, or communication of or on the App; (ii) remove or modify any program markings or identification, proprietary, copyright or other notice of Allina Health’s or its licensors’ proprietary rights contained in the App; (iii) perform any act that would constitute an infringement of intellectual property or other proprietary rights of Allina Health or any third party; (iv) violate applicable laws, ordinances or regulations or otherwise use the App in any manner except as expressly authorized herein; (v) use the App in any manner except as expressly authorized herein; or (vi) upload any harassing, offensive, obscene, defamatory, threatening, malicious, or spam content or communications or use the App for any similar purposes. In addition to any other rights afforded to us under this Agreement, we reserve the right, but have no obligation, to take remedial action if any End User violates the foregoing restrictions including the disablement of access to such End User. We shall have no liability to you in the event that we take such action.
  5. Warranty and Liability.
    1. DISCLAIMER OF WARRANTIES.YOUR USE OF THE APP IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP IS PROVIDED “AS-IS” AND “AS AVAILABLE”.TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALLINA HEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT.WITHOUT LIMITATION, ALLINA HEALTH MAKES NO WARRANTY THAT THE APP (INCLUDING ANY CONTENT THEREIN AND RELATED MATERIALS) WILL MEET YOUR REQUIREMENTS, THAT USE OF TE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION OR CONTENT FOUND IN THE APP WILL BE ACCURATE OR RELIABLE, THAT DEFECTS I THE OPERATION OR FUNCTIONALITY OF THE APP WILL BE CORRECTED THAT THE APP AND ANY CONTENT OR INFORMATION FOUND ON THE APP WILL BE VIRUS-FREE, OR THAT THE QUALITY OF ANY INFORMATION, CONTENT OR OTHER MATERIALS OBTAINED THROUGH THE APP WILL MEET YOUR EXPECTATIONS.ANY CONTENT OR OTHER MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USEOF THE APP IS DONE AT YOUR SOLE RISKM AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES.ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
    2. THIS APP IS NOT MARKETED OR WARRANTED FOR EMERGENCY OR LIFESAVING PURPOSES AND SHOULD NOT BE USED FOR EMERGENCY OR LIFE SAVING PURPOSES.IN AN EMERGENCY SITUATION, YOU SHOULD IMMEDIATELY DIAL 911.
    3. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ALLINA HEALTH OR ITS THIRD PARTY PROVIDERS BE LIABLE TO END USER OR ANY THIRD PARTY FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, PHYSICAL HARM, DEATH, INJURY, AND PECUNIARY LOSS, EVEN IF ALLINA HEALTH OR ITS THIRD PARTY PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES, EXCEPT AS REQUIRED BY APPLICABLE LAW.TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALLINA HEALTH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED ONE HUNDRED DOLLARS ($100.00).

6. Privacy and Location Data Usage, Storage and Sharing. The use of location-based services in the App is necessary for mapping services and will cause the physical location of your device to be collected. This location data is processed in accordance with our Privacy Policy. For more information on how we process your personal information, please review our Privacy Policy.

7. Indemnification. You agree to indemnify and hold harmless Allina Health and its third-party providers from and against any liability arising as a result of your use of the App, your breach of this EULA or your breach of applicable law.

8. Term. This Agreement is effective as of the date of your acceptance of this Agreement in connection with your access to the App and continues to be in effect until the earlier of (i) the date the App is no longer offered. You may terminate these Terms at any time by discontinuing use of the App. Allina Health may suspend or terminate your use of and access to the App immediately without notice or liability to you, if either, in its sole discretion, determine that you have failed to comply with any provision of this Agreement. Upon termination, you must cease use of the App immediately.

9. Miscellaneous. If any provision, or part thereof, of this Agreement becomes or is declared invalid, illegal or unenforceable in any respect under the law, such provision, or part thereof, shall be null and void, and deemed deleted from this Agreement. The validity, legality, and enforceability of the remaining provisions of this Agreement shall not in any way by affected or impaired. This Agreement constitutes the entire understanding among the parties with respect to the subject matter thereof and supersedes all prior written and oral communications. This Agreement may not be modified except by a written amendment between all parties thereto. No waiver by Allina Health or any right or provision under this Agreement shall constitute a subsequent or continuing waiver of such right or provision or any other rights or provision under this Agreement. A failure to act or delay in acting by Allina Health shall not constitute a waiver of any right or remedy. The parties’ rights and obligations in section 5 are intended by their nature to survive including, without limitation, intellectual property rights, limits on warranties and liability, indemnity, termination and choice of law provisions shall survive the termination or expiration of this EULA and any discontinuation of the App.

10. Governing Law; Arbitration. All terms and conditions contained in Allina Health’s Terms of Use, available here, are hereby incorporated by reference in this Agreement as if set forth herein.  This Agreement shall by governed by the laws of the State of Minnesota without reference to its conflicts of law principles. Jurisdiction and venue for any dispute (including arbitration) arising out of this Agreement will exclusively rest within the State and Federal Courts of Hennepin County, Minnesota and each Party hereby waives all defenses of lack of personal jurisdiction and forum non conveniens related thereto. Any claim, dispute, or controversy arising out of or relating to the App or the breach, termination, enforcement, interpretation or validity of this Agreement, will be resolved exclusively by binding arbitration. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The arbitrator will make a decision in writing but need not provide a statements of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in the Agreement the parties may litigate in court to compel litigation, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgement on the award entered by the arbitrator.

11. Apple App Store. This Section applies if you accessed or downloaded the App from the Apple, Inc (“Apple”) App Store: You acknowledge and agree that this Agreement is between you and Allina Health and not with Apple or any other provider of the Apple App Store. Allina Health and its third party providers are solely responsible for the App and the content thereof.

  1. The license set forth in Section above is limited to use on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
  2. The Apple App Store provider has no obligation to provide any maintenance and support service with respect to the App. Allina Health is solely responsible for any warranties, whether express or implied by law, to the extent not effectively disclaimed. The Apple App Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Allina Health.
  3. Allina Health and/or its third party providers, not Apple, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.
  4. You represent and warrant that you are not (i) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) listed on any U.S. Government list of prohibited or restricted parties.
  5. You must comply with applicable third party terms of agreement when using the App.
  6. Apple and its subsidiaries are third party beneficiaries of this Agreement, and, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.

12. Android Devices: The following Section applies with respect to any mobile application that we provide to you designed for use on an Android-powered mobile device (an “Android App”): You acknowledge that this EULA applies to you and us only, and not Google, Inc. (“Google”);

13. You agree that your use of our Android App will comply with Google’s then-current Android Market Terms of Service;

14. You acknowledge that Google is only a provider of the Android Market where you obtained the Android App, and that we, and not Google, are solely responsible for our Android App and the services and content available thereon and Google has no obligation or liability to you with respect to our Android App or this EULA; and

15. You acknowledge and agree that Google is a third-party beneficiary to this EULA as they relate to our Android App.

16. Contact. For questions about this Agreement or the App, you may contact Allina Health at wayfinding@allina.com.