Terms of Use

1. Applicability

myPNtracker Web Portal is made available as a piece of software (the “Web Portal”) owned and operated by Takeda Pharmaceutical Company Limited and its affiliates (hereinafter collectively: “Takeda”, “our,” or “us”), enabling data processing to improve treatment of patients on parenteral nutrition. The Web Portal allows the Users, registered healthcare professionals, (“Users” or "You” or “Your”) to view the Personal Patient Information of any patients who have agreed to share their data with You. Patients receiving parenteral nutrition can enter the following Personal Patient Information on their mobile application:
• weight;
• fluid intake and output;
• injection sites;
• appointments;
• medications; and,
• treatment response.

Your patients can share their Personal Patient Information with You by allowing Your myPNtracker Web Portal account to have access to their data or by providing You with reports generated by their myPNtracker Mobile Application. The User also hereby acknowledges, agrees, warrants and represents Takeda cannot (nor are we required to) guarantee the accuracy, reliability or completeness of any information. myPNtracker Web Portal is intended to be used strictly as a digital diary and You are under no obligation to monitor or respond to the disclosed information. The use of myPNtracker Web Portal and myPNtracker Mobile Application is not intended to replace the treating physician, pharmacist or other qualified healthcare professional that is responsible for managing the patient’s condition on any treatment strategy based on the data collected and disclosed.
These Terms of Use, outlined below, establish the conditions under which You may use the Web Portal and become effective on the date You first access and/or use the Web Portal. Takeda may modify these Terms of Use at any time at its discretion by updating this posting. However, You will be informed of such changes by a notice on the Web Portal. You will be asked to agree to the changes before You access the Web Portal. If You do not agree to, or cannot comply with the revised Terms of Use, You must stop using the Web Portal. By using or continuing to use the Web Portal, You agree to be subject to and comply with the revised Terms of Use.

2. Web Portal Purpose & Use

Subject to these Terms of Use, Takeda grants You a limited, non-transferable, non-sub licensable, non-exclusive right to use the Web Portal for the purposes set forth herein. You shall not acquire any title, ownership or other rights to the Web Portal and may not disassemble, decompile, reverse engineer, derive or otherwise reproduce any part of the Web Portal.
The Web Portal is provided through a secure internet connection and is developed to support patients on parenteral nutrition. The content of this software, including all information, text, graphics, images, hyperlinks, illustrations, designs, icons, photographs, documents, products, computer programs, services and written and other materials (collectively, the “Materials”), might contain information on medical and health-related topics and such information is for general guidance purposes only.
It is the ultimate decision of each User to decide on a treatment strategy as guided by their professional knowledge.

3. Web Portal User Requirements, Accounts & User Personal Information

Takeda is providing You with the Web Portal as a User. The data processing necessary to provide this service (i.e. creating and managing User accounts; processing patient information to support patients on parenteral nutrition; and monitoring and managing Web Portal usage) is performed by Takeda on Your behalf, and in accordance with these Terms of Use and the Takeda Privacy Notice at https://www.takeda.com/privacy-notice/.
To begin using the Web Portal the following HCP Information must be established:
• Language;
• Country;

To set up a User Account to see the Personal Patient Information Your patient has agreed to share with You, the following HCP Information (as defined below) must be entered in the Web Portal.

HCP Information includes the following:
• Title;
• Name;
• Email Address;
• Password;
• Kind of Practitioner and Specialty;
• Country and Region;
• Preferred Unit of Measurement; and,
• Notification Preferences.

The Web Portal also allows the User to view information about their patients’ condition. The information below is the Personal Patient Information that is entered into the patient’s myPNtracker Mobile Application:

• Body data: Weight, height, mid-arm circumference, tricep skinfold, temperature;
• Intake: Oral Fluids, Oral Re-hydration Solution, Nutrition Supplement (mL), IV Fluid Hydration, IV Nutrition, Enteral Nutrition, Salt Capsules;
• Output: urine, stool, stoma and vomit; and,
• Schedule and treatment regime.

The Web Portal has a built-in timed Autolock feature that defaults to 15 minutes and automatically requires the User to re-enter their passcode after the defined period of inactivity. As a User of the Web Portal, You are responsible for maintaining the confidentiality of Your passcode. You are also responsible for all uses of Your passcode whether or not authorized by You.
Patients may choose to share their Personal Patient Information with You or others assisting with their healthcare. They can do this by inviting You to register on the myPNtracker website and view their data via the myPNtracker website. Once You are registered on the myPNtracker website You become listed within the Web Portal and patients must specifically choose to share their Personal Patient iInformation with You. The patient may revoke shared information privileges at any time. Only patients have the ability to control who has access to their data.
Any resulting information provided by the Web Portal is not intended to replace the professional judgment of the caring physician, pharmacist or other qualified healthcare professional that is responsible for managing the patient’s condition.

4. Patient Information

The Web Portal is designed to support Users in the management of their patient’s disease.
The myPNtracker Mobile Application tracks weight, fluid input, salt capsules and output including urine, stool, stoma and vomit. The Web Portal reports on changes in these metrics over time as well as providing Fluid Balance Tracking – the comparison of total fluid intake vs urine during specified periods of time.
This information, along with previously mentioned patient information, is collectively referred to as “Personal Patient Information.”

5. Confidentiality & Security

Takeda has taken measures it believes are appropriate to maintain the security and confidentiality of the information that is provided to the Web Portal. However, the internet is not an absolutely secure medium, and is not under Takeda's control. Use of the internet is solely at Your own risk and is subject to applicable laws and regulations. For additional information regarding our data processing activities, please refer to the Takeda Privacy Notice at https://www.takeda.com/privacy-notice/ and the myPNtracker Privacy Notice at www.myPNtracker.com/privacy-policy.
The patient may also export their Personal Patient Information into a report to share with others. They can share with others by printing or emailing the report. Unfortunately, the transmission of data via the Internet is not totally secure. Even though appropriate measures may be taken to protect the content, it does not guarantee that the data is fully secure against unauthorized access or use by others. Emailing Personal Patient Information is at the patient’s own risk.
The HCP Information that we collect from You may be transferred to, and stored at, a destination outside of Your home country.

6. Use of Materials

Unless otherwise noted, all Materials are copyrights, trademarks, trade dress and/or other intellectual properties owned by, controlled by or licensed to Takeda or third parties (hereinafter, the “Third-Party Providers”).
Except as stated herein, and to the extent permitted by law, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Takeda. You may print and may download copies of Materials from the Web Portal for Your personal reference.
You must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text. You also may not, without Takeda’s prior express written permission, “mirror,” screen-scrape or frame by any other similar method, any Material contained on this Web Portal on any other server.

Any use of these Materials on the Web Portal or networked computer environment, for any purpose, is prohibited. Any unauthorized use of any Materials contained on this Web Portal may violate copyright, trademark, and other laws, including but not limited to laws of privacy and publicity, and may result in severe civil and criminal penalties.

We do not transfer title to the Web Portal to You. You own or are responsible for the medium or electronic device on which it is viewable or recorded, but we (or our Third-Party Providers) retain full and complete title to the Materials and all intellectual and industrial property rights therein. You are also solely responsible for the Web Portal’s compatibility, ability to function and interface with Your medium or electronic device. Takeda reserves all rights not expressly granted to You.

7. Disclaimer of Warranty; Service Availability

TAKEDA PROVIDES THE WEB PORTAL “AS IS” AND TAKEDA EXPRESSLY DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, OF ANY KIND INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. FURTHER, TAKEDA DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SERVICE OR FORMS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TAKEDA DOES NOT WARRANT THAT THE SERVICE OR FORMS ARE ERROR-FREE OR THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION.
Although Takeda does not guarantee the availability of the Web Portal at all times, Takeda shall take reasonable efforts to ensure that the Web Portal functions properly and in a timely manner. Takeda frequently updates the Web Portal and it may be temporarily unavailable for scheduled or unscheduled maintenance by Takeda or third party suppliers, or for other causes beyond Takeda’s reasonable control.

8. Account Termination

Takeda may choose to terminate the Web Portal at any time. Also, Takeda may terminate Your access to any part or all of the Web Portal and any related service(s) at any time if You breach these Terms of Use. Takeda reserves the right, without explanation, to deny access to any User who is suspected of unlawful activity including unlawful or unauthorized use of the password for that User, and to report such unlawful or unauthorized activity to the proper authorities.
Takeda will have no obligation to notify any third parties nor will Takeda be responsible for any damages that may result or arise out of termination of the Web Portal or termination of a User account. Notwithstanding anything contained herein to the contrary or otherwise, upon the termination of the the Web Portal or the termination of the User account, Takeda shall not be liable to any User because of such termination for compensation, losses, reimbursement or damages on account of the loss of prospective profits, goodwill or commitments made by or on behalf of the User, or for any other reason whatsoever flowing from such termination.
The limitation of liability set forth above shall apply to any claim, action or proceeding prosecuted by the User as a result of Takeda’s termination of the Web Portal or termination of the User account.

9. Compliance with Law

Takeda declares that the Web Portal complies with all applicable laws and regulations of the country where the User is located. Takeda also declares that its processing of personal data complies with the data protection laws of the country where the User is located.
Your use of the Web Portal means You agree to comply with all applicable laws and not to perform any actions that are prohibited by local or other laws, including anti-corruption laws, that may be applicable.
Takeda makes no warranty or guarantee relating to the Web Portal except for (i) those guarantees of legal compliance set out in these Terms of Use; and (ii) those guarantees and warranties that Takeda cannot exclude due to the operation of law which applies in the relevant jurisdiction where the User accessing the Web Portal is located.

10. Defense of Third-Party Claims; Limitation of Liability

Your use of the Web Portal signifies that You understand and agree that the User will defend Takeda, its affiliates, officers and employees against any claims by third parties relating to Users' use of the Web Portal, unless such claim is directly caused by Takeda.
TAKEDA’S AGGREGATE LIABILITY FOR ANY AND ALL CAUSES OF ACTION RELATING TO THE USE OF THE SERVICE SHALL BE LIMITED TO CAD 45,000.00. IN NO EVENT WILL TAKEDA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE WEB PORTAL, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA OR BUSINESS INTERRUPTION, WHETHER BASED ON BREACH OF CONTRACT, TORT OR OTHERWISE, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

11. Publicity

You agree that You shall not use Takeda’s name, trademark and/or logos for advertising or any other similar purpose including, but not limited to, brochures, advertisements, press releases, testimonials, websites, customer reference lists or other implied or expressed endorsements, without the prior written approval of Takeda, which can be withheld and withdrawn in its sole discretion. You acknowledge that this provision is material to Takeda and further acknowledges that remedies at law may be inadequate to protect Takeda against breach of this provision. You hereby agree in advance that Takeda will be entitled to the granting of injunctive relief in its favor without proof of actual damages in the event of breach of this provision by User. Such remedy shall not be deemed to be the exclusive remedy for any breach of this Agreement, but shall be in addition to all other remedies at law or in equity available to Takeda.

12. Applicable Laws

The applicable laws of the country from which You are accessing the Web Portal govern these Terms of Use without reference to any conflict of law principles. If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity of any remaining provisions.
These Terms of Use (and the documents referred to herein) constitute the entire agreement between You and Takeda. The Web Portal contains information about products, which may or may not be available in any particular country, and if applicable, may have received approval or market clearance by a governmental regulatory body for different indications and restrictions in different countries.
Each country has specific laws, regulations and medical practices governing the communication of medical or other information about medical products on the Internet. Nothing herein should be construed as a solicitation or promotion for any product or as an indication for any product that is not authorized by the laws and regulations of the country where You reside.

13. Remuneration

Takeda’s providing access to the Web Portal or performing services in accordance with these Terms of Use does not give rise to any remuneration for Takeda. This Agreement has not been entered into in exchange for, any implicit or explicit agreement to purchase, recommend, use or prescribe Takeda’s products, or to the value or volume of any business generated between the parties. Providing access to the Web Portal or performing services under these Terms of Use will not involve the promotion of Takeda products or other activities that violate relevant laws, regulations or codes of conduct.

14. Contact

For any questions, comments, concerns or complaints about these Terms of Use, please see the Contact Us information in the Web Portal.
By accessing and using the Web Portal, You acknowledge that You have read, understand and agree to be legally bound by these Terms of Use. If You do not agree to or cannot comply with these Terms of Use in their entirety, You are not authorized to use the Web Portal.
THE WEB PORTAL IS MADE AVAILABLE TO USERS ON THE BASIS OF THESE TERMS OF USE AND GOVERNED BY THE TAKEDA PRIVACY NOTICE. USE OF THIS WEB PORTAL, WHICH IS CONDITIONAL UPON YOUR CLICKING “I ACCEPT,” SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS, INCLUDING THOSE DESCRIBED IN THE PRIVACY NOTICE AS THEY RELATE TO THE PROCESSING OF USER INFORMATION AND CERTAIN PATIENT INFORMATION, FOR THE PURPOSES OF:
(A) SETTING UP AND MANAGING USER ACCOUNTS;
(B) DATA PROCESSING NECESSARY TO PROVIDE THIS SERVICE OF PROCESSING PATIENT INFORMATION;
(C) MONITORING AND MANAGING USAGE OF THE WEB PORTAL.

Acceptance and Consent

By using this Web Portal, which is conditional upon Your clicking "I agree", You acknowledge that You have read and understood the Terms of Use and consent to the processing of Your HCP Information for the purposes of this Web Portal, which may include the transfer of Your HCP Information outside of Your home country.

YOUR ACCEPTANCE OF THESE TERMS OF USE SHALL SUPERSEDE ANY PREVIOUS ACCEPTANCE OF TERMS AND CONDITIONS RELATED TO YOUR USE OF THE WEB PORTAL.