Terms of Use Impella App

Terms of Use for the Impella Mobile Application ("Impella App")

Status: January 2023

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 correspondingly querying   after downloading the App and continuing to use it, you agree to be bound by the following Terms of Use.

After downloading and installing the App, the user accepts the following terms of use by registering and using the App 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 the user. 

Change of the terms of use

Abiomed reserves the right to change the terms of use at any time with effect also within the existing user relationship. Abiomed shall inform the user of such changes in good time before the planned entry into force of the changes. If you as the user do not object within 14 days of receipt of the notification and continue to use the services even after the expiry of the objection period, the changes shall be deemed to have been agreed with effect from the expiry of the period. In the event of an objection the App may not be accessed or used anymore. 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 for the objection. 

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. 

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 services provided there are made available to the user free of charge.

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. 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. As a user, please also refer to the corresponding product safety information provided in this regard.

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.

Copyrights and protected trademarks

The content and information material provided (hereinafter collectively referred to as "Material") in the App are owned by or licensed to Abiomed. The Material is protected by copyright laws in the United States and other countries. Appropriate copyright regulations apply to the copying of this Material. The user may download, print or e-mail the material within the App only for common personal use 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 website with third parties, you must 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 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 rules 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 website 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, we will automatically revoke your permission to use the App. Ownership of the (information) material remains with us 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 content 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.

Prohibited behavior

In justified cases, Abiomed is entitled to temporarily or permanently block or delete individual contents and functionalities, for example if there is a suspicion that they 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 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 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; 
• sharing usernames and passwords, which are required for registration and login on the App.

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 Website or reproduce or distribute any portion of the Website for any purpose outside of these Terms of Use. 

Abiomed points out that usage activities may be monitored to the extent permitted by law. This may also 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. For more details, please refer to the notes and information on data protection.

Technical requirements and trouble-free operation

The content and scope of the services obtained via the App are determined in accordance with the respective regulations stipulated in these terms of use and, moreover, 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. 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 himself is responsible for the creation of the technical conditions necessary in the user's 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 via the respective App Store. 

Should you incur any damage through the use of services provided free of charge on the 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 the contract, and only in the event of intent and 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. The data and information contained on the websites have been roughly sifted and revised by Abiomed in advance. A guarantee for the completeness, correctness or legality of the third-party content can therefore not be assumed. In the event that illegal content and corresponding legal infringements subsequently become known, Abiomed will remove the content immediately. 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 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, will be handled in accordance with the Standards applicable at Abiomed and the 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.