Terms of Use

Scope

The following Terms of Use Apply to all services provided directly or indirectly (i.e., through third parties) via the Internet, any type of mobile device, or via email at or for the use of the Impella Mobile Application™ (hereinafter "App"). By downloading, registering, and using the App for any query and any continued to use, you agree to be bound by the following Terms of Use and acknowledges them as binding.

The following regulations Apply bindingly in the relationship between 

Abiomed, Inc.
22 Cherry Hill Drive
Danvers, MA 01923
United States
+1 (978) 646-1400

(hereinafter "Abiomed") and you, the user:

Change of the Terms of Use

Abiomed reserves the right to change these Terms of Use at any time with such changes taking immediate effect to the existing user relationship. Abiomed shall inform the user of forthcoming changes in good time before the planned entry into force of the changes. If you, as the user, after having been notified of the forthcoming changes continue to use the App after the changes take effect, the changes shall be deemed to have been agreed to by you. In the event that you object to the changes, you may no longer access or use the App as of the effective date of the changes. In the notification of change, Abiomed will inform you of your right to object and of the consequences. The contact form within the App or an informal notification by e-mail to [email protected] can be used to notify Abiomed of your objection, or you can simply cease your use of the App.

Scope of Services Provided

The App enables you to access important information on the use and therapy of Impella® heart pumps. The App and the information it contains are intended exclusively for healthcare professionals. By your download, registration, and use of the App, you represent and agree that you are a licensed healthcare professional.

Within the App, the user also has the option of receiving further information about Abiomed and contacting Abiomed. Furthermore, the user has the possibility to filter information according to areas of interest via corresponding settings within his personalized App profile and to receive targeted notifications about changes and innovations to Abiomed's products as well as trainings and therapies with Impella® heart pumps.

The App and the functions available therein are made available to the user free of charge.  The App and its functions are solely for information on the use and therapy of Impella® heart pumps and have no independent value.

Information Provided/No Medical Advice

The information to be accessed within the App is provided to users for informational purposes only and is not intended to replace the information in the documentation and training materials for the purchase or use of Impella® Cardiac Support Systems. The information provided does not constitute medical advice from a physician or other qualified healthcare professional and is not specific to any patient or clinical condition. In particular, Abiomed does not offer any medical or similar professional services or advice through the App, and the information provided is not intended to replace the medical advice of a physician or appropriately licensed clinician. As a user, please also refer to the corresponding product safety information for Impella® Cardiac Support Systems in the product’s package labeling, on the Abiomed website, or as provided in the App.

The App contains information about Abiomed and Abiomed products that may be useful to healthcare professionals. Abiomed makes no representations or warranties and assumes no responsibility or liability for the accuracy, completeness, reliability or usefulness of the information provided within the App. There is no obligation or right on the part of the individual user to update or correct the information contained on the App. Abiomed assumes no liability or responsibility for any errors or omissions in the content of the App. Abiomed reserves the right to amend, delete or change the information or materials within the App at any time and without notice, but has no duty to do so.

Copyrights and Protected Trademarks

The content, information and material provided (hereinafter collectively referred to as "Material") in the App are exclusively owned by, or licensed to, Abiomed. The Material is protected by Abiomed by application of copyright laws in the United States and other countries. Appropriate copyright regulations apply to the copying or unauthorized use of this Material. The user may download, print or e-mail the material within the App only for common personal use and to the extent that this is made possible by appropriate functions within the App. If you, as a user, email, download copy or share the Material on this App with third parties, you must share the complete, unedited Material that is able to be sent and also include any copyright or other notices contained in the Material, including the copyright notice at the bottom of the page. Abiomed also owns the names we use for our products and services within the App; these names are protected by Abiomed by application nof trademark laws of the United States and other countries. A ® after a name indicates that the trademark is registered in the United States. A ™ after a name indicates that it is an unregistered trademark. All trademarks are the property of their respective owners. Special regulations may apply to the use of (information) Material provided on certain parts within the App. These special regulations can be found directly at the respective places of the provided (information) Material. If you, as a user, use the (information) Material or the trademarks on this App in a way that is not clearly covered by the usage rights described in these Terms of Use, you will be in breach of the User Agreement and possibly also in breach of copyright, trademark or other laws. In this case, Abiomed automatically and immediately revokes your permission to use the App. Ownership of the (information) Material remains with Abiomed or the respective creator of the (information) Material contained on this App. All rights not expressly granted are reserved. If you, as a user, would like to use Material of the App that is outside the rights of use granted by the operator, you are obligated to obtain information about the rights holder as well as the consent of the respective rights holder from the operator before using it. Please contact Abiomed here: https://www.heartrecovery.com/contact.

Prohibited Behavior

Abiomed may temporarily or permanently block or delete individual contents and functionalities. For example, if there is a suspicion that any uses or Material violate applicable law or the rights of third parties. In these cases, the user has no claim to the maintenance of individual functionalities of the App. Furthermore, Abiomed may restrict access to its own services, including if the security of network operation, the maintenance of network integrity, in particular the avoidance of serious disruptions to the network, the software, or stored data so require. The user shall refrain from any activity that is likely to impair the operation of the App or the technical infrastructure behind it or to enable unauthorized access to the App. This includes in particular:

• the use of any other software, scripts or databases in connection with the use of the App; 
• the automatic reading, blocking, overwriting, modification, copying of data and/or other content, unless this is necessary for the proper use of the App, as explained in the App;
• sharing usernames and passwords, which are required for registration and login on the App, with any third party who is not the user.

You may not use robots, spiders, scrapers, automated scripts, or other automated means to access the App or the content or services offered in the App. You are also prohibited from making the App inaccessible through denial-of-service attacks or similar means, or from using the App in any manner that could damage, disable, or impair the App. You may not use the App or reproduce or distribute any portion of the App for any purpose outside of these Terms of Use.

Abiomed may and reserves the right to monitor your usage activities on the App to the extent permitted by law. This may include the logging of IP connection data and its analysis in the event of a concrete suspicion of a violation of these Terms of Use and/or in the event of a concrete suspicion of the existence of another illegal act or criminal offense.

Technical Requirements and Trouble-Free Operation

The Material and the scope of the services obtained via the App are determined in accordance with the respective regulations stipulated in these Terms of Use and other applicable laws and regulations, as well as in accordance with the functionalities currently available within the App. Abiomed endeavors to ensure trouble-free operation of the App. This is naturally limited to services over which Abiomed has an influence or control. Abiomed is therefore at liberty to restrict access to the App due to maintenance work, capacity concerns, and due to other events beyond its control, such as technical problems with data lines, interruption of the power supply, in whole or in part, temporarily, or within the scope of services provided free of charge, also permanently. The user is solely responsible for the creation of the technical conditions necessary in the user's own area of responsibility for the contractual use of the services, such as the suitable end device/operating system or a functioning and sufficiently fast Internet connection. Abiomed provides necessary information on technical requirements for properly access the App via the respective App Store where the App may be downloaded.

Should you incur any damage through the use of services provided free of charge on the App or a related App portal (including the retrieval of free content), Abiomed, as service provider, shall only be liable insofar as its damage has arisen due to the use of the free content and/or services in accordance with these Terms and Conditions, and, even, then, only in the event of intentional wrongdoing or gross negligence on the part of Abiomed.

Links to Other Websites

The App may contain links to other websites that are not operated by Abiomed. Abiomed is not responsible for the content on any third-party website. A guarantee for the completeness, correctness, or legality of the third-party content can therefore not be assumed. In the event that improper, illegal, or knowingly incorrect or misleading content and corresponding legal infringements subsequently become known to Abiomed about such third-party websites linked from the App, Abiomed will promptly remove the links to such third-party websites and their content. Abiomed does not adopt third-party content referred to on these web pages as its own. All content is for information purposes only. Linked websites may contain information about the use of Abiomed products or therapies that are not approved in the USA/EU. We do not review, evaluate, endorse or adopt this type of information. Abiomed is not responsible for the content, services or existing business relationships of users with third parties listed there. The use of linked third-party websites is subject to the terms of use of the respective third-party websites, including the information on data protection listed there.

Information About the User When Using the App

All information collected by this App, including personal data and user’s own personal data, will be handled in accordance with Abiomed’s privacy policy and applicable legal requirements for data protection. Abiomed provides corresponding information on data protection and the processing of (personal) data under the data protection notice within the App.

Liability/Limitation of Liability

The following provisions on liability and limitation of liability follow U.S. law, in particular the substantive laws of the Commonwealth of Massachusetts and are therefore directed at users who have their permanent residence in the United States. For users outside the United States of America, these provisions apply only to the extent that they are enforceable against them. If the provisions are not enforceable or applicable in part or in full, the following provisions shall apply and be interpreted in accordance with the applicable national provisions on liability or limitation of liability in the country of destination where the user has his permanent place of residence.

IN NO EVENT SHALL ABIOMED, ITS AFFILIATES, SUPPLIERS, AGENTS, COLLABORATORS OR ANY THIRD PARTIES MENTIONED WITHIN THE APP BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST SAVINGS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE RELIANCE ON, USE OF, ACCESS TO OR INABILITY TO USE OR ACCESS THE APP OR THE MATERIALS WITHIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ABIOMED IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ABIOMED’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS APP.

Indemnity

You agree to defend, indemnify, and hold harmless Abiomed, its affiliates, officers, directors, employees, contractors, suppliers, agents and other representatives, from and against any liabilities, damages, demands, settlements, claims, actions, costs and expenses, including without limitation reasonable legal and accounting fees, in connection with or resulting from your use of the App or the materials within (including software) or your breach of these Terms of Use. Abiomed shall provide notice to you reasonably promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. Abiomed may, if necessary, participate in the defense of any claim or action at your expense and any negotiations for settlement. Abiomed reserves the right, on notice to you, to assume exclusive defense and control of any claim or action subject to indemnification by you, without relieving you of your indemnification obligations hereunder. Upon learning of a claim by a third party that your use violates or allegedly violates a third party’s rights, you agree to promptly notify Abiomed of any such claim. You agree to cooperate with us as reasonably required in the defense of any such claims, and you shall not in any event settle any such claim or matter without the written consent of Abiomed.