Terms And Conditions - My Aria App
1. The terms and conditions set out below (“Terms and Conditions” or “Terms”) govern the relationship between DCENTRIC HEALTH LTD, a company formed under the laws of the Republic of Cyprus with registration Number ΗΕ 391425, registered office at 7 Agiou Mina Str. Panorama Residence Block B, Flat 101 Limassol P.C 4104 (“Dcentric”, “we”, “us”, “our” or “ours”) doing business as Aria Health and the individuals that register and use the Aria mobile application (hereinafter collectively referred to, for the purposes of these Terms only, as “User”, “Users”, “you”, “your”).
2. Dcentric has developed a blockchain-powered health data storage and exchange network. This network is available to Users on the Aria mobile application (“My Aria App”). Additionally, our ecosystem includes our website namely https://www.myaria.health/ (“Website”), My Aria App, Aria Connect Platform (as defined below in section 5.4), the Aria Marketplace (as defined below in section 2.4) including our platform for Marketplace Data Recipients (as defined below in section 2.4) (collectively referred to as “Platform”). For more information on the Services (as defined in section 2) provided through the My Aria App, please refer to section 2 below (Services).
4. These Terms are applicable to both the version for iOS and Android implementations.
5. By registering with and using the My Aria App you acknowledge that you have read these Terms carefully and agree to comply with and to be bound by all the Terms present herein. If you do not agree to be bound by any provision of these Terms, you must not register and use the My Aria App.
7. Please note that the Platform is currently in its pilot stage and may not operate as expected. As the Platform develops to serve you better, some changes will be incorporated to these Terms or other stipulations which are incorporated by reference. You acknowledge that we reserve the right to modify or terminate any portion of these Terms from time to time, for any reason. We will notify you via email of any amendments to these Terms on a best effort basis, however we are not obligated to do so. Your continued use of the My Aria App after the amendment of these Terms shall signify the acceptance of the amendments. You can review the most current version at any time on this page.
1. My Aria App
1. Dcentric allows the User upon their request and with their consent, to store and manage their pseudonymized health data (“medical records”) on the My Aria App. These medical records are derived by the Partner Medical Facilities (defined below in this section) from the electronic health records (“EHR”). These medical records are procured in a secure, transparent, and ethical manner from specified onboarded hospitals and medical facilities that are part of Dcentric’s network (“Partner Medical Facility(ies)”).
2. Medical records may include, amongst other things:
3. Height, weight, heart rate, and other detailed health information such as allergies, preferences and special need requirements as well as diagnoses and treatment;
4. Physical and mental healthcare records (including results and opinions from third party providers, such as X-rays, scans and blood tests; referrals and second opinions, such as written statements, medical photographs and diagrams and surgical videos);
5. Laboratory results;
6. Radiology results such as scans (e.g., magnetic resonance imaging (MRI), computed tomography (CAT) etc);
7. Medicine prescriptions and medication information; and
8. Immunisation records.
9. Dcentric utilizes trusted record delivery networks and cloud storage systems for hosting the My Aria App, for medical records storage and for Personal Data storage (“Dcentric’s Servers”).
2. Aria Marketplace
2. While assessing Marketplace Data Recipients for integrity, safety, and ethical use, several key criteria are employed to ensure compliance with our bio-ethics policies. These include:
3. Marketplace Data Recipients’ purpose for collecting the medical records must align with the data processing agreement executed between Dcentric and Marketplace Data Recipients.
4. Medical records are shared with Marketplace Data Recipients only for the purposes you explicitly consented to through broad consent via the My Aria App (as detailed in the ToU).
5. Bioethical approval may be required.
6. Marketplace Data Recipients are obligated, for specific data use cases, to furnish legal incorporation documents and license documents.
7. The services described in this section 2, for the purpose of reading these Terms, shall cumulatively be described as (“Services”).
3. Eligible Users
1. The My Aria App is not for use by anyone under the age of 18. Your use of the My Aria App constitutes your confirmation that you are 18 or older. If you do not agree to be bound to any provision of these Terms, or if you are under 18 years of age, you are not authorized to access the My Aria App, and Dcentric will have no liability whatsoever arising out of your unauthorized use.
2. You hereby confirm that you are legally able to collect your medical records from your Partner Medical Facility, and that you are legally able to enter into these Terms.
3. Users must be natural persons who have accessed Partner Medical Facilities in the United Arab Emirates (“UAE”).
4. You may only use the Services if you are not barred under any Applicable Law (as defined in section 12.1) from doing so. If you are resident in a country, embargoed by the UAE or under Applicable Law, or under the laws of that country from receiving Services, you are not permitted to register and use the My Aria App. If you are a non-UAE resident or a former UAE resident, then you agree to ensure compliance with all the laws which contemporaneously apply to you.
5. You hereby confirm that all Personal Data that you share with or provide through the My Aria App are accurate, true, current, and complete.
4. Account Opening
1. You may create a personal account on the My Aria App by providing us your Personal Data such as your first and last name, gender, date of birth, phone number, email address, and any other information collected, at the time of registration. After entering this information, an OTP will be sent to your phone number. You will be asked to create a recovery phrase and a passcode to gain access to the My Aria App.
2. By creating an account on the My Aria App, (a) you agree to provide accurate and complete information during the registration process, (b) you give a license to Dcentric to process, and store your medical records procured with your consent from our Partner Medical Facilities in Dcentric’s Servers.
3. Please note that we store your Personal Data provided to us through the My Aria App separately from your medical records received from the Partner Medical Facilities. Your Personal Data is stored off-chain. Please note that your Personal Data provided by you to us when you register on the My Aria App, is not de-identified, pseudonymized, or anonymized, and we may use this information to identify your My Aria App profile.
5. Medical Records Sharing Process
1. On the My Aria App account you will have the option to grant consent for retrieving and storing your medical records from Partner Medical Facilities.
2. Our Partner Medical Facilities establish data-sharing connections with Dcentric through rigorous data-sharing agreements. We store and process your medical records on Dcentric’s Servers (as explained in section 2.3) in compliance with Applicable Law.
3. In order to connect with your Partner Medical Facility, you will be required to create an account on the My Aria App, and/or log in, as applicable. Upon logging in, you will be able to connect with your Partner Medical Facility. You will be asked to enter your identification document number (“ID”) whether that is a local UAE ID, a passport, or any official ID which you originally provided at your Partner Medical Facility.
4. Your selected Partner Medical Facility will remove any personally identifiable information from the EHR they hold relating to you. They will then upload your medical records via the platform we provided to them (“Aria Connect Platform”) to an account dedicated to you on the Aria Connect Platform. Alternatively, your Partner Medical Facility may transfer your medical records using Dcentric’s API interface.
5. Only the Partner Medical Facility generated patient identifier is shared with Dcentric. This is done to match your My Aria App account with your Aria Connect Platform account. We then mask that patient identifier before the medical records are stored on Dcentric’s Servers. Therefore, we undertake double pseudonymization to safeguard your privacy.
6. The medical records are stored on Dcentric’s Servers and are not visible to us or readable by us, except upon your express authorization in the limited circumstance and to the limited extent required to enable your sharing of your medical records on the Aria Marketplace, in the event of your opting in to share medical records on the Aria Marketplace. The medical records are encrypted with the keys generated by the specific blockchain wallet that is issued to you as part of the My Aria App. The blockchain network stores the hash of the encrypted medical records, and information about which blockchain wallet it relates to. This ensures complete safety of the medical records stored on Dcentric’s Servers.
7. The Partner Medical Facilities listed on My Aria App are participating with Dcentric as independent contractors and are not employees or agents of Dcentric. The Partner Medical Facilities are not entitled to bind Dcentric in any way. Dcentric’s role is limited to enabling the secured processing (storage) and management of your medical records on Dcentric’s Servers, as you consented to, shared by your Partner Medical Facility.
8. If a Partner Medical Facility whose services you have used, stops being a Partner Medical Facility affiliated with Dcentric (“Terminated Medical Facility”) the Partner Medical Facility will notify you of this. You will still be able to use the My Aria App but you will not be able to request the transfer of new medical records stored by the Terminated Medical Facility.
9. You agree and acknowledge that your medical records stored on Dcentric’s Servers may not be the appropriate solution for everyone’s needs or for every particular situation, and/or may not serve as a comprehensive replacement for any other method of medical record keeping.
2. Aria Marketplace
1. You retain control over your medical records and may choose to share the same with Marketplace Data Recipients who meet our criteria as mentioned briefly in section 2.5, in return for rewards. Marketplace Data Recipients in our Aria Marketplace undergo stringent evaluation process, including but not limited to, assessments of their purpose, intent, bioethical approval, and licensing. You may find out more by reading our ToU.
6. Prohibited Uses
1. You acknowledge and agree that you will not interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, Services, Dcentric’s Servers, networks, or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.
2. You acknowledge and agree that you will not make any use of the My Aria App for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software, virus, malwares or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any Applicable Law. You agree not to solicit private information relating to a User’s use of the My Aria App, including passwords, security phrase, or other such information.
3. The User is receiving only the right to use the My Aria App and is not allowed, to reverse engineer, modify, adapt, translate, debug, sublicense, resell, market or provide access from another location that Dcentric has not provided access from. You will not download, copy, use and/or modify any materials available on the My Aria App, or the Aria Marketplace for any other purpose other than for personal use.
4. You agree and commit not to violate any Applicable Law in relation to your use of My Aria App.
7. Third Party Services
2. Third Party Content are provided solely as a convenience to you and not as an endorsement by us. You should contact the site administrator or webmaster for the Third Party Content if you have any concerns regarding such links or any content located on such Third Party Content. We are not responsible for any Third Party Content and do not make any representations regarding the content or accuracy of materials on such Third Party Content. You should take precautions when downloading files from all websites to protect your device from viruses and other destructive programs. If you decide to access Third Party Content, you do so at your own risk.
8. Intellectual Property
1. Dcentric is the owner of all intellectual property rights of the Platform except for the Third Party Content as described in section 8.2 below. The materials published on the Platform are protected by applicable intellectual property laws. You will not download, copy, use and/or modify any materials available on the Platform for any other purpose other than for personal use. You acknowledge and agree that you will not use the Platform for violating any laws or attempt to hack or disassemble any software on the Platform. If you download, print, recreate or copy any materials from the Platform in breach of the mentioned terms, you agree that you shall destroy the same after your personal use.
2. The Platform may contain Third Party Content, including links to Third Party Content including, but not limited to, links to other websites or educational and awareness campaigns which are related to Third-Party Content. Dcentric has no responsibility for the creation of any such Third-Party Content, (including, but not limited to) any related products, practices, terms or policies, and Dcentric does not own intellectual property rights to Third Party Content, and will not be liable for any damage or loss caused by any Third-Party Content.
3. We monitor the performance and use of the My Aria App by you, and we collect data in connection therewith, including, without limitation, date and time that you access the My Aria App account, and other usage data.
4. You acknowledge and agree that, if you provide Dcentric with feedback about the Services, we may use your feedback without any obligation to you.
5. Trademarks and logos mentioned or hosted in My Aria App, the Website and the Platforms may be registered trademarks of third parties. The inclusion of third party trademarks or distinctive marks in the My Aria App, the Website, or the Aria Marketplace does not imply that the respective third parties promote, approve or endorse Dcentric or the use of the My Aria App.
6. Dcentric does not claim ownership over any of your medical records. These Terms do not grant us any licenses or rights to your medical records except for the limited rights needed for us to provide the Services, and as otherwise described in these Terms and in the ToU.
7. Subject to these Terms, Users hereby grant Dcentric a non-exclusive, worldwide, fully paid-up, royalty-free right and license, with the right to grant sublicenses through multiple tiers to Dcentric (such as Dcentric’s Servers), to display, and transfer the medical records for the purpose of providing you with access to and usage of the My Aria App hereunder. Dcentric has no other rights to medical records other than as provided herein. If you decide to join the Aria Marketplace and a Marketplace Data Recipient requests your medical records, Users agree automatically to transfer the medical records to the Marketplace Data Recipient, this transfer constitutes an irrevocable transfer of your medical records between you and the Marketplace Data Recipient.
9. Account Confidentiality and Management
1. Please store and maintain your recovery phrase and other My Aria App account credentials securely. If your recovery phrase or My Aria App account credentials are lost or compromised, this may adversely impact your ability to use the Services. Possible repercussions include – losing access to the My Aria App, your medical records being compromised, theft of any reward earned through the Aria Marketplace, amongst other things. You are responsible for safeguarding your recovery phrase, and any other account credentials used to access your My Aria App account. You are advised to change your My Aria App account credentials frequently.
2. My Aria App accounts may not be shared and may only be used by one individual per account. This enables Dcentric to fully understand how individual accounts have been used and by who.
3. Dcentric may access a My Aria App account for support purposes requested by you. Dcentric occasionally sends notices to the email address registered with your My Aria App account.
4. You acknowledge and agree that you will notify Dcentric at email@example.com immediately in the event of any unauthorized use of your My Aria App account or any other concern for breach of your account security.
5. You acknowledge and agree that Dcentric may be compelled to provide the relevant UAE federal and emirate level authorities with information related to cyber security issues. Under such circumstances, Dcentric may provide such government authorities with reports and data containing your information.
1. Dcentric retains the right to terminate these Terms, with due notice, for any reason. Dcentric may, in time sensitive situation, decide to take immediate action of termination without notice.
2. Upon termination of these Terms by us, you will no longer be able to use the My Aria App and you must immediately cease all access to and use of the My Aria App account. Furthermore, this will also result in the cessation of your right to opt-in to the Aria Marketplace. If you have opted-in to the Aria Marketplace and we terminate these Terms, Dcentric will also terminate the ToU and will have no obligation to grant you any access to the Aria Marketplace (as detailed in the ToU). Consequently, upon termination of these Terms, all copies of a User’s private key are deleted, making decryption of your medical records stored on Dcentric’s Servers impossible.
3. Deleting your My Aria App account will amount to termination of these Terms. Consequently, you will no longer be able to use the My Aria App and to opt-in to the Aria Marketplace. By deleting the My Aria App account, Users will destroy their private key and it will be impossible to decrypt the medical records rendering them inaccessible. Similar to the situation described in section 10.2, if you decide to terminate these Terms, you will also be terminating the ToU, provided you have opted-in to the Aria Marketplace (as detailed in the ToU).
4. Survival: The following provisions will survive termination of these Terms: Section 8 (“Intellectual Property”), Section 12 (“Compliance with Applicable Laws”), Section 13 (“Disclaimer of Warranty and Limitation of Liability”), Section 10.4 (“Survival”), Section 14 (“Severability”), Section 17 (“Resolution of Disputes”).
1. Dcentric may temporarily suspend execution of these Terms, for a reasonable amount of time, under the following reasons:
2. Force majeure: In the event that Dcentric is prevented from performing, or is unable to perform, any of the Services under these Terms due to any cause beyond its reasonable control (including without limitation, acts of terrorism, strikes, war, power outages, floods, fire, pandemic or epidemic, delay or interruptions by third parties, including communications or network providers), Dcentric shall give written notice thereof to Users and its performance shall be extended for the period of delay or inability to perform due to such occurrence;
3. Maintenance of the My Aria App, including but not limited to adding, deleting, or modifying features to improve the User experience or for other business purposes;
4. You having materially breached these Terms and failed to cure that breach within 30 days after Dcentric has so notified you in writing;
5. If you use the Services in a way that causes legal liability to us or disrupts others’ use of the My Aria App;
6. If we are suspecting misconduct by you or suspicious activity on your My Aria App account.
12. Compliance with Applicable Law
1. Dcentric is committed to complying with current government legal authority laws, applicable to your use of the Platform. This includes but is not limited to the Federal Law No. 2 of 2019 Concerning the Use of Information and Communication Technology (ICT Law) in Health Fields, Cabinet Resolution No. 32 of 2020 on the Executive Regulations of the Federal Law No. 2 of 2019, the Federal Law No. 15 of 2020 on Consumer Protection Law, the Federal Decree-Law No. 45/2021 on the Protection of Personal Data, Federal Law No. (2) of 2019 concerning the Use of Information and Communications Technology in Health Fields and its implementing regulations and the Ministry of Health and Prevention (MOHAP) Resolution No. 51/2021 on exemption for storage and transfer of health records and information, and all relevant statutes, laws, regulations, ordinances, enactments, rules, judgements, orders, notifications, decree, bye laws, approvals, government resolution, acts of legislature or parliament, guidelines, policies, directions, directives, or any similar form of decision of, or determination by, or any interpretation or adjudication having the force of law of any of the foregoing by any statutory or governmental authority, tribunal, board, or court (“Applicable Law”).
2. You may use the My Aria App in compliance with, and only as permitted by Applicable Law.
13. Disclaimer of Warranty and Limitation of Liability
1. We strive to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Such functionality is subject to delays beyond Dcentric’s control. You agree and acknowledge that you are making use of our Services at your own risk. You acknowledge and agree that Dcentric is provided on an “AS-IS” and “AS AVAILABLE” basis and neither Dcentric nor our third parties make any representations or warranties with respect to the same or otherwise in connection with these Terms, and hereby disclaim any express or implied warranties of any kind, including but not limited to merchantability, non-infringement, security, fitness for a particular purpose or accuracy.
3. You agree to indemnify, defend, and hold Dcentric Related Parties harmless from and against any and all damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees incurred by any of such indemnified parties in connection with any third-party action, claim, or proceeding arising from or relating to (a) your breach or violation of these Terms; (b) your misuse of the My Aria App; (c) your transfer of your medical records from Partner Medical Facilities; (d) your gross negligence or wilful misconduct; (e) your access to or use of the Aria Marketplace; (f) any actions made with your My Aria App account whether by you or by someone else; (g) your violation of any third party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.
5. We disclaim all liability related to (a) the misuse or failure of Dcentric’s Servers and our third parties to collect your medical records from Partner Medical Facilities (b) any responsibility for any miscommunication or misinformation on the part of the Partner Medical Facility.
6. To the extent that Dcentric may not as a matter of Applicable Law disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such Applicable Law.
7. In connection with any warranty, contract, or common law tort claims: we shall not be liable for any incidental or consequential damages, lost profits, or damages resulting from lost medical records before or during the course of the medical records sharing process, or business interruption resulting from the use or inability to access and use the My Aria App, even if we have been advised of the possibility of such damages.
8. If the Applicable Law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with Applicable Law.
9. If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). We do not guarantee we will take action against all breaches of these Terms.
1. If any provision of these Terms is found invalid or unenforceable by a court of competent jurisdiction, that provision will be amended to achieve as nearly as possible the same legal and/or economic effect as the original provision, and the remainder of these Terms will remain in full force and effect. No failure or delay by us or by you in exercising any right or remedy under these Terms will operate, or be deemed to operate, as a waiver of any such right or remedy.
1. Dcentric provides the Services only for the convenience of the Users and does not operate as:
1. an analysis/ diagnostic tool;
2. an emergency health care provider; or as
3. a medical device.
2. Dcentric does not provide any medical services, clinical diagnosis or any other health related advice and should not be relied upon for medical emergencies.
3. Partner Medical Facilities do not provide any medical service, prescriptions for medicines or drugs on the My Aria App.
Dcentric has no obligation to monitor or review any third-party content or medical records transferred to Dcentric’s Servers or visible on the My Aria App. Dcentric has no visibility into the contents of the medical records except in the limited circumstance set out in section 5.6.
1. Dcentric will not use your medical records for any commercial purpose, unless User opts to engage in the Aria Marketplace as detailed in the ToU.
2. You may not attempt to access Dcentric’s Services using a method other than through the interfaces and instructions that we provide.
3. You may not circumvent any limitations that Dcentric imposes on your My Aria App account.
4. We reserve the right to modify the My Aria App from time to time by adding, deleting, or modifying features to improve the User experience or for other business purposes. We further reserve the right to discontinue any feature of the My Aria App or portion thereof at any time at our sole and reasonable discretion.
4. Dcentric may share your email address, telephone number with our third parties, if you have so consented. These third parties may contact you via email or using autodialled or pre-recorded calls and text messages, only as authorized by Dcentric to carry out the purposes we have identified above. Dcentric may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Dcentric or its agents for quality control and training purposes or for its own protection.
5. If you believe that your medical records have been exploited in a way that constitutes copyright infringement, please notify: firstname.lastname@example.org
6. If you believe that your intellectual property rights are being infringed, you may report it by contacting us at: email@example.com
7. We understand that these Terms contain a lot of information, so please email us at firstname.lastname@example.org with any questions you may have.
1. The My Aria App is only provided in the English language.
2. The present Terms are only in the English language.
3. Communications between Dcentric and Users may only be made in English.
18. Resolution of Disputes
1. In the event of a dispute arising under or relating to these Terms or the My Aria App between you and Dcentric (each, a “Dispute”), such dispute will be finally and exclusively resolved by binding arbitration governed, conducted in English in the Abu Dhabi Global Market Arbitration Centre, seated in Abu Dhabi, UAE and governed by the ADGM Arbitration Guidelines (“ADGM Guidelines”). Any election to arbitrate, at any time, shall be final and binding on the other party. If either party chooses arbitration, neither party shall have the right to litigate such claim in court. Arbitration is different from court, and discovery and appeal rights may also be limited in arbitration.
2. All disputes will be resolved before one neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the ADGM Guidelines. Each party will be responsible for paying any filing, administrative, and arbitrator fees in accordance with ADGM Guidelines. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the UAE. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in these Terms will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
3. You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by Applicable Law, (a) no arbitration or proceeding shall be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.