INFOSMART™ WEB TERMS AND CONDITIONS

Effective as of 13 May 2026 These terms and conditions ("Terms") govern our relationship with users of our web-based software application called InfoSmart™ Web which allows users to review information relating to their patients' use of a Fisher & Paykel Healthcare device ("Device") and the effectiveness of the therapy provided by the Device, and to identify and resolve issues patients may be having with their therapy (including to adjust the therapy settings on their Device if necessary). In these Terms, references to "us", "we", "our" and "F&P" mean Fisher & Paykel Healthcare Limited, a company existing under the laws of New Zealand with its registered office at 15 Maurice Paykel Place, East Tamaki, Auckland 2013, New Zealand. References to "you" and "your" mean the person or entity accessing or using InfoSmart Web in your capacity as a physician, healthcare provider, homecare provider, or sleep laboratory, or an employee or other representative of a physician, healthcare provider, homecare provider or sleep laboratory. By using InfoSmart Web you acknowledge that you have read and agree to be bound by these Terms. If you do not accept these Terms, you must not use InfoSmart Web.

  1. PRIVACY

    1. The privacy of your personal data is very important to us. Our F&P InfoSmart Web Privacy Notice located at https://www.fpinfosmart.com/terms/privacypolicy provides you with details regarding our collection, use, disclosure, storage, security and transfer of your personal data collected through InfoSmart Web as well as your rights with respect to your personal data. If you have any questions or concerns about privacy matters relating to InfoSmart Web, please contact our Data Protection Officer at [email protected]. Full contact details of Fisher & Paykel Healthcare or its representative in your country can be found at https://www.fphcare.com/corporate/contact-us/offices/.

  2. PATIENT DATA

    1. Information regarding the collection, use, disclosure, storage, security and transfer of your patient's personal data (including personal health data) collected through InfoSmart Web ("Patient Data") is set out in the Patient Information and Consent Form set out at https://www.fpinfosmart.com/terms/patientconsent (the "Consent Form").
    2. Registering a patient on InfoSmart Web and/or any uploading any Patient Data onto InfoSmart Web triggers statutory data protection requirements and restrictions in your jurisdiction.

  3. YOUR OBLIGATIONS

    1. By accessing and using InfoSmart Web, you represent and warrant that:
      1. prior to registering a patient on InfoSmart Web, you have explained to your patient how their Patient Data will be collected, stored, used, secured, transferred and disclosed as set out in the Consent Form;
      2. you will not register a patient or upload any Patient Data onto InfoSmart Web without having first obtained the patient's explicit consent, either through the use of the Consent Form, or through another written or otherwise recorded consent that provides for at least the same level of collection, use, disclosure, storage, security and transfer of Personal Data, as set out in the Consent Form, in accordance with all applicable laws, regulations and industry codes of practice ("Applicable Law");
      3. if a patient does not consent, their consent lapses, or the patient withdraws their consent, you will not take any further steps to upload their Patient Data onto InfoSmart Web and without that patient's explicit consent, you will not use or otherwise process their Patient Data through InfoSmart Web. You will notify us immediate should you require our support in meeting any obligations relating to the withdrawal or lapse of the patient consent; and
      4. upon our reasonable request, you agree that you will provide us with sufficient information to demonstrate that the mechanism you use for obtaining, maintaining and recording patient consent under or in connection with these Terms complies with applicable law. For avoidance of doubt, F&P has no duty to proactively review, validate, or approve the mechanism you use for obtaining, maintaining and recording such consent.
    2. You agree that you will at all times comply with your legal and professional responsibilities in connection with your use of InfoSmart Web and its associated technologies (including InfoUSB™ and the Device) including Applicable Law relating to the collection, use, disclosure, storage, security and transfer of personal data and personal health data. For example, in the event you use or process Patient Data for purposes other than as set out in the Consent Form, you will ensure that you have obtained the patient's prior explicit consent or have another legal basis to do so under applicable law.
    3. Notwithstanding the generality of clause 3.2, if you are in the United States, you represent and warrant that you have obtained and will maintain all permissions, authorisations and appropriate consents from your patients required under relevant Federal, State or Local laws and regulations including the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), as amended, for the transmission, storage, retrieval, access, use and/or disclosure of personal data, including protected health information ("PHI") of patients, for the uses as set out in the Consent Form. If we are your "Business Associate" as defined in HIPAA, then the HIPAA Business Associate Addendum published at https://www.fpinfosmart.com/terms/baa?country=US as of the date that we become your Business Associate ("BAA") forms part of the agreement between us and you, and you acknowledge and confirm that you have read, understood, and agree to the BAA.
    4. Notwithstanding the generality of clause 3.2, if you are in Canada, you represent and warrant that you have obtained and will maintain all permissions, authorisations and appropriate consents from your patients required under relevant Federal, Provincial or local laws and regulations for the transmission, storage, retrieval, access, use and/or disclosure of personal data, including protected health information of patients, for the uses as set out in the Consent Form.
    5. You will receive, address and respond to all patients' requests for the exercise of their rights in relation to their Patient Data in accordance with and within the timeframes required by Applicable Law. We will assist you in responding to any such requests to the extent you are unable to address them and provided that any requests for our assistance are conveyed to us (by email to [email protected]) in a timely manner.
    6. You will ensure that any Patient Data uploaded onto InfoSmart Web is retained on InfoSmart Web only for so long as you need that Personal Data. You will immediately remove, or if you are unable to do so, ask us to remove any Patient Data that is no longer necessary for the purposes set out in the Consent Form, or any other purposes for which you have obtained the patient's prior explicit consent.
    7. InfoSmart Web is not a permanent archive of medical records. While you will have access to your Patient Data in InfoSmart Web as long as you actively use InfoSmart Web, we may de-activate your InfoSmart Web access in accordance with clause 13 (for example if there has been no user log-in to the account in at least six (6) months). You agree that you are solely responsible for downloading from InfoSmart Web, or otherwise maintaining your own record of, Patient Data;
    8. You will indemnify us and every member of the Fisher & Paykel Healthcare group from all costs, losses, damages or liability arising directly or indirectly out of any alleged privacy breach or investigation or claim by a patient or any other third party (including, any regulatory authority) in connection with a breach of this clause 3 or clauses 5 or 8.

  4. OUR OBLIGATIONS

    1. F&P will only use the Patient Data for the purposes set out in clause 12, which, for the avoidance of doubt, are aligned with the Consent Form.
    2. F&P will retain the Patient Data for as long as you use your InfoSmart Web account and for a period of up to seven (7) years after the last user activity recorded in your account or otherwise in accordance with Applicable Law. However, you must remove, or request F&P to remove, the Patient Data at any point when it is no longer required.
    3. F&P has implemented adequate technical and organisational measures to ensure the security of the Patient Data. F&P may modify and update these security measures from time to time provided that such updates do not result in a decrease in overall security. F&P can provide a copy of the security measures upon request.

  5. AUTHORITY

    1. You confirm, represent, and warrant that:
      1. you are a healthcare provider, homecare provider, physician or sleep laboratory, or an employee or other representative of a healthcare provider, homecare provider, physician or sleep laboratory;
      2. you have all necessary rights, permissions, and authority to grant to F&P the rights set out in these Terms, and that F&P's exercise of those rights will not infringe any third party rights;
      3. if you accept these Terms on behalf of another legal entity, you have the full power and authority to enter into these Terms and bind that entity; and
      4. you will not provide direct login access to InfoSmart Web to your patients.

  6. FEES

    1. We do not guarantee that your use of InfoSmart Web will always be free. You may be charged fees for your use of InfoSmart Web provided that we have previously notified you in writing of the fees to be charged. If you do not agree to pay the fees, you may request that we deactivate your InfoSmart Web access at any time in accordance with the provisions of clause 13, and we may decide to deactivate your access to InfoSmart Web or terminate these Terms in accordance with clause 13.
    2. Certain additional services which are made available via InfoSmart Web (including, without limitation, phone and text reminders) may have fees associated with their use. We will notify you of the fees which are charged for these services and any discounts which you might be entitled to, and you can decide whether you wish to use these additional services.

  7. TERM

    1. These Terms will commence on the date on which you first agree to them and continue until your access to InfoSmart Web is terminated or deactivated in accordance with clause 13 of these Terms.

  8. ACCOUNT REGISTRATION AND SECURITY

    1. When you register for InfoSmart Web, you will be required to choose a username and password. You must select a password that you can easily recall but that would be difficult for others to guess.
    2. You must not choose an unsuitable password. These include:
      1. sequential number and letter combinations or using the same number or letter repeatedly;
      2. personal data that others may have easy access to (for example, surname, birthday, street, pets' names); and
      3. passwords you have previously used as a password elsewhere.
    3. You must take all reasonable steps to safeguard your username and password, and access to InfoSmart Web. This includes not revealing them to other people, not leaving your computer unattended when logged onto InfoSmart Web, and not keeping a physical record of your username and password.
    4. If you suspect that anyone has gained access to your password, or that it has been lost or stolen, you must contact our InfoSmart Web Systems Administrator immediately.
      1. If you are in Canada or the United States of America, please contact: [email protected] or +1-877-707-5454.
      2. If you are located elsewhere, please contact your local F&P office, details of which can be found at https://www.fphcare.com/corporate/contact-us/offices/

  9. DISCLAIMER

    1. YOUR USE OF INFOSMART WEB IS AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW:
      1. THE INFORMATION AND SERVICES PROVIDED VIA INFOSMART WEB ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED;
      2. WE DO NOT PROVIDE MEDICAL ADVICE. INFOSMART WEB AND THE CONTENT AND THE SERVICES PROVIDED IN CONNECTION WITH INFOSMART WEB ARE FOR INFORMATIONAL PURPOSES ONLY. WE ARE NOT HEALTHCARE PROFESSIONALS AND DO NOT DISCUSS OR ADVISE ON MEDICAL TREATMENT OR DIAGNOSTICS. YOU ARE SOLELY RESPONSIBLE FOR INTERPRETING THE CONTENT AND SERVICES PROVIDED IN CONNECTION WITH INFOSMART WEB AND FOR ALL MEDICAL DECISIONS MADE AS A RESULT;
      3. WE DO NOT WARRANT THAT INFOSMART WEB WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT THE INFORMATION WILL BE ACCURATE, ADEQUATE, CURRENT OR COMPLETE, OR THAT IT IS SUITABLE FOR YOUR INTENDED USE;
      4. WE MAY AT ANY TIME AND WITHOUT NOTICE MODIFY INFOSMART WEB, OR WITHHOLD, SUSPEND OR RESTRICT ANY SERVICE AVAILABLE THROUGH INFOSMART WEB;
      5. WE EXPRESSLY DISCLAIM ANY LIABILITY WHICH IS BASED ON, OR ARISES OUT OF, THE INFORMATION, DATA OR CONTENT ACCESSED USING INFOSMART WEB; AND
      6. WE ASSUME NO RESPONSIBILITY FOR CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER CONTENT AVAILABLE THROUGH INFOSMART WEB.

  10. LIMITATION OF LIABILITY

    1. To the extent permitted by Applicable Law, we will not be liable to you or any third party for any direct, indirect or consequential costs, claims, demands, actions, losses, damages or other liabilities resulting from:
      1. your use of InfoSmart Web;
      2. your breach of any of these Terms, including without limitation, clause 3;
      3. any unauthorised use of your username and password;
      4. any delay or loss of access to, or use of InfoSmart Web at any time, or any fault or error in the design, content or engineering of InfoSmart Web;
      5. any suspension or restriction of any service available through InfoSmart Web;
      6. any malfunction of any equipment or system, or any telecommunications link failure;
      7. any changes we may make from time to time to our InfoSmart Web Privacy Notice;
      8. any cause or event reasonably beyond our control; or
      9. any data loss, data breach, or cyber security incident.
    2. The limitations of liability set out in this clause 10 shall not apply to:
      1. liability arising from death or injury to persons caused by our negligence;
      2. liability arising as a result of fraudulent acts committed by us; and
      3. any other liability which cannot be excluded or limited by Applicable Law.

  11. USE OF INFOSMART WEB

    1. You acknowledge that, as between you and F&P, F&P owns all right, title, and interest, including all intellectual property rights, in and to InfoSmart Web and, with respect to any third-party products provided with or incorporated into InfoSmart Web ("Third-Party Products"), the applicable third-party providers own all right, title, and interest, including all intellectual property rights, in and to the Third-Party Products.
    2. If you send or transmit any communications or materials to us by mail, email, telephone, or otherwise, suggesting or recommending changes to InfoSmart Web, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), you hereby assign to us, all right, title, and interest in, and we are free to use, without any attribution or compensation to you or any third party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although we are not required to use any Feedback.
    3. We grant you a non-exclusive, non-transferable, revocable licence to access and use InfoSmart Web solely for the purposes of providing professional services to your patients and subject to your compliance with these Terms.
    4. You shall not at any time, directly or indirectly, and shall not permit any third party to:
      1. copy, modify, alter, adapt, translate or create derivative works of InfoSmart Web, in whole or in part;
      2. rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available InfoSmart Web;
      3. reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive, alter or gain access to any software component of InfoSmart Web, in whole or in part;
      4. use data generated through the use of InfoSmart Web and / or Devices for the development, training, or improvement of competing products or services.
      5. remove any proprietary notices from InfoSmart Web;
      6. transmit any information or software that contains a virus, spyware, worm or Trojan horse or any other harmful component;
      7. use any device, including any software or programme, which interferes with the usual operation of InfoSmart Web; or
      8. use InfoSmart Web in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of F&P or any other person, or that violates any Applicable Law.
    5. You acknowledge and agree that other than the right to use InfoSmart Web in accordance with these Terms, you do not and will not acquire any rights or ownership of InfoSmart Web as a consequence of these Terms or your use of InfoSmart Web.
    6. You may download or print out information from InfoSmart Web for the purposes of providing professional services to your patients. Any other copying, distribution or use of the information or materials from InfoSmart Web without our prior written consent is strictly prohibited.

  12. USE OF DATA

    1. You hereby grant to F&P a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the Patient Data and perform all acts with respect to the Patient Data as may be necessary for F&P to:
      1. operate, maintain, support, secure, provide and administer InfoSmart Web;
      2. develop, enhance, validate and improve InfoSmart Web and F&P's new and existing products, services and algorithms; and
      3. achieve the purposes set out in the Consent Form, which include (without limitation), the right to anonymise Patient Data and use such anonymised data for the purpose of research and development, including improving our products and services, supporting new product developments, conducting market research, creating marketing materials, and obtaining treatment insights. F&P may share such anonymised data within F&P group companies worldwide and other third parties.

  13. DEACTIVATION OF INFOSMART WEB

    1. You may request that we deactivate your InfoSmart Web access at any time. To do this you must notify us by email to:
      If you are in Canada or the United States of America, please contact: [email protected] or +1-877-707-5454.If you are located elsewhere, please contact your local F&P office, details of which can be found at https://www.fphcare.com/corporate/contact-us/offices/
    2. We may deactivate your InfoSmart Web access at any time by giving you notice which we consider in each case (at our sole discretion) to be reasonable in the circumstances. We may deactivate access to your InfoSmart Web account if there has been no user log-in to the account in at least six (6) months. We may, in our sole discretion, suspend, terminate or deactivate your InfoSmart Web access immediately:
      1. upon your death, or if we become aware that you lack legal capacity;
      2. if you become subject to bankruptcy proceedings, become insolvent or make an arrangement with your creditors;
      3. if it becomes impracticable or unfeasible for any legal, business or regulatory reason to continue to provide access to InfoSmart Web;
      4. if you do not comply with these Terms;
      5. if you do not agree to pay, or do not pay, fees charged in accordance with clause 6;
      6. if we have reason to believe your InfoSmart Web access has been compromised; or
      7. if we consider we have other reasonable grounds to do so.
    3. After seven years of account inactivity, we may delete your account and all associated data, including Patient Data, upon providing written notice to the contact information you have provided.

  14. ASSIGNMENT AND SUB-LICENSING

    1. You may not:
      1. transfer all or part of your licence to any third party;
      2. allow any other person to use or access InfoSmart Web using your username and password; or
      3. sublicence the rights to use InfoSmart Web without our prior written consent.

  15. ALTERATION OF TERMS

    1. These Terms may be amended in whole or in part by us from time to time. Amendments will be notified to you in writing and will be effective immediately upon posting of the amended Terms on the InfoSmart Web website. You are responsible for ensuring you are familiar with the latest Terms. Your continued use of InfoSmart Web represents your agreement to be bound by the Terms as amended. If you do not agree to the amended Terms, you must cease accessing and using InfoSmart Web and request deactivation of InfoSmart Web in accordance with clause 13.1.

  16. OTHER

    1. These Terms and the documents referenced herein, make up the entire agreement between F&P and you regarding InfoSmart Web and supersede any prior agreements relating to their subject matter.
    2. If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
    3. If we fail to enforce any of these Terms, it will not be considered a waiver.
    4. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of Applicable Law or otherwise.
    5. You will comply with all Applicable Laws when using or accessing InfoSmart Web.
    6. These Terms, except where otherwise indicated, are governed by the laws of New Zealand and you submit to the exclusive jurisdiction of the courts of New Zealand in connection with all disputes arising out of or relating to your use of InfoSmart Web or these Terms. Notwithstanding the foregoing, nothing in these Terms shall exclude or limit the application of any provision of Applicable Law where to do so would contravene that Applicable Law or cause any part of these Terms to be void, and the Terms shall be read down only to the extent necessary to comply with such Applicable Law.
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