Patient Support FAQs

Yes. The following are not recommended during wear of the Zio XT Patch:

• Magnetic Field(s): Magnetic Resonance Imaging (MRI); MRI Technician; Any job where the patient may be exposed to a large magnetic field.
• Neuromuscular Stimulators: Brain Stimulator; Neurostimulator; Spinal Stimulator; TENS Unit
• External Cardioversion/Defibrillation

NOTE: Data may not be interpretable during the time the stimulators are being used. Usage is at physician’s discretion.

Can the Zio XT Patch be left on a patient during Cardioversion/ Defibrillation?

No, the Zio XT Patch should be removed if the patient requires Cardio- version or Defibrillation.

Review the Zio® XT Important Information booklet for comprehensive safety information.
 

Indications for use

The Zio XT Patch is a prescription-only, single patient use, continuously recording ECG monitor that can be worn up to 14 days. It is indicated for use on patients who may be asymptomatic or who may suffer from transient symptoms such as palpitations, shortness of breath, dizziness, lightheadedness, pre-syncope, syncope, fatigue or anxiety.
 

Contraindications

• Do not use the Zio XT Patch for patients with symptomatic episodes where instance variations in cardiac performance could result in immediate danger to the patient.
• Do not use the Zio XT Patch in combination with external cardiac defibrillators or high frequency surgical equipment near strong magnetic fields or devices such as MRI.
• Do not use the Zio XT Patch on patients with neuro-stimulator, as it may disrupt the quality of ECG data.
• Do not use the Zio XT Patch on patients who do not have the competency to wear the device for the prescribed patching period.
   

Warnings

• Do not use the Zio XT Patch on patients with known allergic reaction to adhesives or hydrogels or with family history of adhesive skin allergies. Patient may experience skin irritation.
• Do not reuse the Zio XT Patch on multiple patients. It is a single patient use device. Reuse will cause incorrect patient data and may experience skin irritation.

If skin irritation such as severe redness, itching or allergic symptoms develop, remove the Zio XT Patch from the patient’s chest.

CAUTION: Federal (USA) law restricts the sale of this device to or on the order of a physician.
 

Precautions

• The Zio XT Patch includes temperature and humidity limitations. If exposed, patients may experience degradation of adhesive performance causing the device to slip or fall off during the patient wear duration.
• The Zio XT Patch has a shelf-life date. Use of expired device may cause a degradation of ECG signal quality and/or low battery condition.
• Do not use the Zio XT Patch if package is damaged. Device may not perform as intended.
• Safety and effectiveness of the Zio XT Patch on pediatric patients (younger than 18 years old) has not been established.
• Safety and effectiveness of the Zio XT Patch on patients receiving any form of pacing therapy has not been established. Paced cardiac rhythms may not be accurately detected and may be incorrectly classified.

MyZio™ Terms of Use

Last Updated: June 2020

Welcome, and thank you for your interest in iRhythm Technologies, Inc. (“iRhythm”, “we,” or “us”) and the MyZio mobile app (the “MyZio App”) and related web sites, networks, embeddable widgets, downloadable software, mobile applications (including tablet applications), and other services provided by us and on which a link to these Terms of Use is displayed (collectively, together with the MyZio App, our “Service”). These Terms of Use are a legally binding contract between you and iRhythm regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY CLICKING “I ACCEPT,” DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE MYZIO APP OR THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE MYZIO PRIVACY POLICY https://www.myzio.com/privacy (COLLECTIVELY, THESE “TERMS”). If you are not eligible, or do not agree to these Terms, then you may not use the Service.

THESE TERMS DO NOT COVER YOUR USE OF THE IRHYTHM HEART MONITORING DEVICE OR SERVICE OR ANY OTHER SIMILAR DEVICES OR SERVICES PROVIDED BY IRHYTHM. For more information on any such devices and services, please contact iRhythm Customer Service at 1-888-693-2401 or support@irhythmtech.com.

You acknowledge and agree that, as provided in greater detail in the Terms:

• The MyZio App is licensed, not sold to you, and you may use the Service only as set forth in these Terms;
• Your use of the Service may be subject to separate third-party terms of service and fees, including without limitation the terms of service and data, SMS, MMS, and other fees of your mobile network operator (the “Carrier”), which are your sole responsibility;
• You consent to the collection and use of your personally identifiable information in accordance with the MyZio Privacy Policy https://www.myzio.com/privacy;
• The Service is provided “as is” without warranties of any kind and iRhythm’s liability to you is limited; PLEASE NOTE THAT WE DO NOT PROVIDE PROFESSIONAL MEDICAL, DIAGNOSIS OR TREATMENT ADVICE. There is no express or implied physician-patient relationship between you and iRhythm, its employees, agents or consultants;
• The symptoms you enter into the MyZio App are not reviewed until after the heart monitoring device has been returned to iRhythm and the cardiac rhythm data are under review. IF YOU NEED IMMEDIATE MEDICAL ATTENTION, PLEASE CALL 911.
• Disputes arising hereunder will be resolved by binding arbitration, AND BY ACCEPTING THESE TERMS, YOU AND IRHYTHM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Dispute Resolution Section below for the details regarding your agreement to arbitrate any disputes with iRhythm;
   

iRhythm Service Overview. The Service allows users to document symptom-related information while wearing iRhythm heart monitoring devices. Data collected via the MyZio App may be utilized in conjunction with such iRhythm devices and processed to create related clinical information that is relayed to a user’s designated medical provider in accordance with the Privacy Policy https://www.myzio.com/privacy.
 

1. Eligibility. You must be at least eighteen (18) years of age to use the Service. By agreeing to these Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years of age; (ii) that you have not previously been suspended or removed from the Service; and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.
   
   
2. Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your e-mail address or other contact information). You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at support@irhythmtech.com.
   
   
3. App Terms. The terms of this Section 3 govern your acquisition and use of the MyZio App.
   
   • Third Party Accounts. In order to download the App, you may be required by the third party who is distributing or providing you access to the App, such as Apple, Inc. (each, a “Distributor”), to create an account. You are solely responsible for maintaining the security of any logins, passwords, or other credentials that you select or that are provided to you to access your account with any Distributor. Your use of any account with a Distributor is subject to any terms, conditions, and policies, including privacy policies, of that Distributor. iRhythm is not responsible for any act or omission of any Distributor.
     
     
   • License to the App. Subject to your complete and ongoing compliance with all the terms and conditions set forth in these Terms (including without limitation compliance with all license restrictions), iRhythm grants you (1) a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use one copy of the MyZio App downloaded directly from iRhythm or from a legitimate marketplace (such as Apple’s iTunes store), solely in object code format and solely for your personal use for lawful purposes, on compatible mobile devices that you own or control; and (2) permission to access and use the Service, only for your personal use, and solely through the use of a licensed copy of the MyZio App. You may not reproduce, distribute, publicly display, or publicly perform the MyZio App or any part of the Service. Except if, and solely to the extent that, such a restriction is impermissible under applicable law, you may not (a) decompile, reverse engineer, or otherwise access or attempt to access the source code for the MyZio App, or make or attempt to make any modification to or derivative work of the MyZio App; or (b) interfere with or circumvent any feature of the MyZio App, including without limitation any security or access control mechanism. You may not use the MyZio App or the Service for any purpose other than a purpose for which the MyZio App and the Service are expressly designed. The term MyZio App, as used herein, includes any update or modification to the MyZio App made available to you by iRhythm (unless provided with separate terms). If you are prohibited under applicable law from using the MyZio App or the rest of the Service, you may not use them.
     
     
   • Access to the MyZio App; Third Party Fees. iRhythm does not provide you with the equipment to use the MyZio App. You are responsible for all fees charged by third parties to access and use the MyZio App (e.g., charges by mobile carriers). Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any carrier service plan you use in connection with your use of the Service (such as voice, data, SMS, MMS, roaming, other applicable fees charged by the carrier). Accordingly, you should use care in selecting a service plan offered by your carrier. If your device is lost or stolen, you must notify iRhythm immediately to suspend services.
      
4. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
   
   • use the Service for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing protected health information, intellectual property and other proprietary rights, and data protection and privacy;
     
     
   • violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights;
     
     
   • interfere with security-related features of the Service, including without limitation by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Service or any part thereof except to the extent that such activity is expressly permitted by applicable law;
     
     
   • interfere with the operation of the Service or any user’s enjoyment of the Service, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, (ii) making unsolicited offers or advertisements to other users of the Service (iii) attempting to collect personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
     
     
   • perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your age or date of birth;
     
     
   • sell or otherwise transfer the access granted herein or any Materials (as defined in Section 10 below) or any right or ability to view, access, or use any Materials;
     
     
   • attempt to do any of the foregoing in this Section 4, or assist or permit any persons in engaging in any of the activities described in this Section 4.
      
5. Third-Party Services and Linked Websites. iRhythm may provide tools through the Service that enable you to export information to third party services, including through features that allow you to link your account on iRhythm with an account on the third party service. By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under our control, and we are not responsible for their content.
   
   
6. Termination of Use; Discontinuation and Modification of the Service. If you violate any provision of these Terms, your permission to use the Service will terminate automatically. Additionally, iRhythm, in its sole discretion may terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting customer service at support@irhythmtech.com.
   
   
7. Feedback. If you provide feedback to iRhythm regarding the Service (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize iRhythm to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to iRhythm a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use the Feedback in any manner and for any purpose.
   
   
8. Privacy Policy; Additional Terms
   
   • Privacy Policy. Please read the MyZio Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The iRhythm Privacy Policy (https://www.myzio.com/privacy) is hereby incorporated by reference into, and made a part of, these Terms.
     
     
   • Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to on the Service (the "Additional Terms"), such as end-user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on the Service, subject to Section 9 below. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.
      
9. Changes to the Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. In the event that a change to these Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Service, by sending an email to any address you may have used to register for an account, or through other similar mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms, changes are effective only after your acceptance. If you do not accept the changed Terms, we may terminate your access to and use of the Service. All other changes are effective upon publication of the changed Terms. Disputes arising under these Terms will be resolved in accordance with the Terms in effect at the time the dispute arose
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10. Ownership; Proprietary Rights. The Service is owned and operated by iRhythm. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (the “Materials”) provided by iRhythm are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of iRhythm or our third-party licensors. Except as expressly authorized by iRhythm, you may not make use of the Materials. iRhythm reserves all rights to the Materials not granted expressly in these Terms.
    
    
11. Indemnity. You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless iRhythm and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "iRhythm Entities") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
    
    
12. Disclaimers; No Warranties
    

    THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE IRHYTHM ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE IRHYTHM ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

     

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE IRHYTHM ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.

     

    SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

     

    The Service provides information and readings to you based on your symptom entry into the Service. YOU AGREE THAT IRHYTHM CANNOT VERIFY THAT YOU HAVE CORRECTLY COMPLETED SYMPTOM ENTRY ACTIONS ON THE MYZIO APP, OR THAT ANY INFORMATION OBTAINED THROUGH THE SERVICE IS ACCURATE, AND THEREFORE IRHYTHM CANNOT BE HELD RESPONSIBLE FOR ANY ACTION OR INACTION RESULTING FROM DISPLAY OF "SYMPTOM OR OTHER RELATED INFORMATION” ON THE SERVICE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE SERVICE, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL, HEALTH OR CLAIMS MANAGEMENT RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON OR THROUGH THE SERVICE. THE USE OF ANY INFORMATION PROVIDED ON OR THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK.

     

    Nothing stated or posted on the MyZio App or available through any Service is intended to be, and must not be taken to be, the practice of medicine or counseling care. Your access or use of the MyZio App and the Service does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our licensors.

     

13. Limitation of Liability
    

    IN NO EVENT WILL THE IRHYTHM ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE IRHYTHM ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

     

    YOU AGREE THAT THE AGGREGATE LIABILITY OF THE IRHYTHM ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.

     

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

     

    EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 13 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
     

14. Special Considerations for International Use. While iRhythm has designed the Service for users in the United States, we recognize the global nature of the Internet. As a condition of using the Service, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of protected health information, including clinical and personal data, exported from the United States or the country in which you reside.
    
    
15. Governing Law. These Terms shall be governed by the laws of the State of California without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and iRhythm agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for the purpose of litigating all such disputes.
    
    
16. General. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and iRhythm regarding your use of and access to the Service, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration, including, but not limited to, Sections 1, and 6 through 22.
    
    
17. Dispute Resolution and Arbitration
    
    • Generally. In the interest of resolving disputes between you and iRhythm in the most expedient and cost effective manner, you and iRhythm agree that any and all disputes arising in connection with these Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND IRHYTHM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.
      
      
    • Exceptions. Notwithstanding Subsection 17.1, we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
      
      
    • Arbitrator. Any arbitration between you and iRhythm will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting iRhythm.
      
      
    • Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). iRhythm's address for Notice is: iRhythm Technologies, Inc., 699 8th St. Suite 600, San Francisco, CA 94103 ATTN: CFO. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or iRhythm may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or iRhythm shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, iRhythm shall pay you (i) the amount awarded by the arbitrator, if any, (ii) the last written settlement amount offered by iRhythm in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.00, whichever is greater.
      
      
    • Fees. In the event that you commence arbitration in accordance with these Terms, iRhythm will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in San Francisco County, California, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse iRhythm for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
      
      
    • No Class Actions. YOU AND IRHYTHM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and iRhythm agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
      
      
    • Modifications. In the event that iRhythm makes any future change to this arbitration provision (other than a change to iRhythm's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to iRhythm's address for Notice, in which case your account with iRhythm shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
      
      
    • Enforceability. If Subsection 17.6 is found to be unenforceable or if the entirety of this Section 17 is found to be unenforceable, then the entirety of this Section 17 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 15 shall govern any action arising out of or related to these Terms.
       
18. Consent to Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
    
    
19. Quality and Accuracy Testing. In order to better improve the Service, we may offer you the opportunity to help us test the accuracy and quality of the Service. If you choose to participate in such tests, we may correspond with you and provide you information about your use of the Service for you to verify. In order to ensure the quality of these tests, some of the information that we will provide may be randomized or incorrect.
    
    
20. Contact Information. The services hereunder are offered by iRhythm Technologies, Inc., located at 699 8th St. Suite 600, San Francisco, CA 94103. You may contact us by sending correspondence to the foregoing address or by emailing us at support@irhythmtech.com.
    
    
21. Notice to California Residents. If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms. In addition, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.
    
    
22. Special Terms Regarding Apple. To the extent that you are using our mobile applications on an iOS device, you further acknowledge and agree to the terms of this Section 22. You acknowledge that these Terms are between you and iRhythm only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Privacy Policy

Last Updated: June 2020

Welcome, and thank you for your interest in iRhythm Technologies, Inc. (iRhythm, we, or us), and our MyZio mobile app (the MyZio App) and related web sites, networks, downloadable software and other services provided by us and on which a link to this Privacy Policy (this Policy) is displayed (collectively, together with the MyZio App, our Service).

This Policy describes the information that we gather from you on the Service, how we use and disclose such information, and the steps we take to protect such information. By using the Service, you consent to the privacy practices described in this Policy.

This Policy is incorporated into and is subject to the MyZio Terms of Use https://www.myzio.com/terms. Capitalized terms used but not defined in this Policy have the meaning given to them in the iRhythm Terms of Use.
 

The information we collect on the Service:

• User-provided Information. When you use the Service, you may provide and we may collect what is generally called “personally identifiable” information, or “personal information,” which is information that specifically identifies an individual. Examples of personal information include name and email address. Personal information also includes other information, such as symptom information that you may enter into the App, when any such information is linked to information that identifies a specific individual. You may provide us with personal information in various ways on the Service. For example, you provide us with personal information when you register for an account, use the Service, respond to email communications from us related to the Service or send us customer service-related requests.
  
• “Cookies” and “Automatically Collected” Information. When you use the Service, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your device. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Service. Please review your web browser “Help" file to learn the proper way to modify your cookie settings. Please note that if you delete, or choose not to accept, cookies from the Service, you may not be able to utilize the features of the Service to their fullest potential. We may also automatically record certain information from your device by using various types of technology, including “clear gifs" or “web beacons.” This “automatically collected" information may include your IP address or other device address or ID, web browser and/or device type, the pages or other content you view or otherwise interact with on the Service, and the dates and times that you visit, access, or use the Service.
  
• Information from Other Sources. We may obtain information, including personal information, from third parties and sources other than the Service, such as our partners. If we combine or associate information from other sources with personal information that we collect through the Service, we will treat the combined information as personal information in accordance with this Policy.
   

How we use the information we collect. We use information we collect on the Service in a variety of ways in providing the Service and operating our business, including the following:

• We use the information that we collect on the Service to operate, maintain, enhance and provide all features of the Service, to provide services and information that you request, and to respond to comments and questions and otherwise to provide support to users.
• We use the information that we collect on the Service to understand and analyze the usage trends and preferences of our users, to improve the Service, and to develop new products, services, features, and functionality.
• We may use your email address or other information we collect on the Service (i) to contact you for administrative purposes such as customer service, to address intellectual property infringement or violations of third party rights or (ii) to send communications.
• We may use “cookies” information and “automatically collected” information we collect on the Service to: (i) personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Service; (ii) provide customized content, and information for the Services; (iii) monitor and analyze the effectiveness of Service; and (iv) monitor aggregate site usage metrics such as total number of visitors and pages viewed.
   

When we disclose information. Except as described in this Policy, we will not disclose your information that we collect on the Service to third parties without your consent. We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:

• We will provide the symptom and other information you enter into the Service as well as information gathered from iRhythm heart monitor devices linked to your account to your designated health care provider.
• We may work with third-party service providers to provide website, application development, analytics, hosting, maintenance, and other services for us. We also work with third-party service providers to create insights and suggestions. These third parties may have access to or process your information as part of providing those services for us. Generally, we limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions.
• We may make certain automatically-collected, aggregated, or otherwise non-personally-identifiable information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users, and usage patterns for certain programs, content, services, , and/or functionality available through the Service.
• We may disclose your information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws, in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.
• We also reserve the right to disclose your information that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the Service and any facilities or equipment used to make the Service available, or (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.
• Information about our users, including personal information, may be disclosed and otherwise transferred to an acquirer, or successor or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
• We also may disclose your information as may be described in a notice to you at the time the information is collected, or in any other manner to which you consent.
   

Your Choices

You may, of course, decline to share certain personal information with us, in which case we may not be able to provide to you some of the features and functionality of the Service. If you wish to access or amend any other personal information we hold about you, or to request that we delete any information about you, you may contact us at support@irhythmtech.com. Please note that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.

Your device operating system or browser may include settings, options, or add-on components to control the placement and presence of cookies and access to location information. We do not track our users over time and across third party websites to provide targeted advertising and do not specifically respond to Do Not Track (“DNT”) signals. However, some third party websites do keep track of your browsing activities, including across other websites on the Internet, which enables these websites to tailor what they present to you. If you are visiting such websites, your browser may allow you to set a DNT signal on your browser so that third parties know you do not want to be tracked.

We use Google Analytics to collect and process certain analytics data (e.g., IP address, location, browser type, referral source, length of visit and pages viewed). The collection of such information involves the use of cookies and similar technologies, as described above. Google provides some additional privacy options described at https://policies.google.com/technologies/partner-sites.

If you receive promotional email from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt-out from receiving promotional email from us, and any other promotional communications that we may send to you from time to time, by sending your request to us by email at support@irhythmtech.com, or by writing to us at the address given at the end of this policy.

Please be aware that if you opt-out of receiving commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten business days for us to process your request, and you may receive promotional communications from us that you have opted-out from during that period. Additionally, even after you opt-out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Service.
 

Third-Party Services

The Service may contain features or links to Web sites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Service. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through the Service. We encourage you to learn about third parties’ privacy and security policies before providing them with information.
 

Children’s Privacy

Our Service is not directed to children under the age of 18, and we do not knowingly collect personal information from children under the age of 18. If you are a parent or guardian and discover that your child under 18 years of age has obtained an account on the Service, then you may alert us at info@irhythmtech.com and request that we delete that child’s personally identifiable information from our systems.
 

Data Security

We use certain physical, administrative, and technical safeguards in an effort to protect the integrity and security of personal information that we collect and maintain. We cannot, however, ensure or warrant the security of any information you transmit to us or store on the Service, and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
 

Privacy Settings

You may request to verify and edit any of your personal information by contacting the iRhythm’s Customer Service via the contact information listed below.
 

International Visitors

The App is intended only for users in the United States. If you choose to use the App or otherwise use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that the Service is hosted in the United States and thus, you may be transferring your personal information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Service. By providing any information, including personal information, on or to the Service, you consent to such transfer, storage, and processing.
 

Changes and Updates to this Policy

Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify this Policy, we will make it available through the Service, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. Your continued use of the Service after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of this Policy.
 

Our Contact Information

Please contact us with any questions or comments about this Policy, your personal information, our use and disclosure practices, or your consent choices by phone at 1-888-693-2401 (24 hours, 7 days a week) or by email at support@irhythmtech.com.

iRhythm Technologies, Inc.
699 8th Street, Suite 600
San Francisco, CA 94103

You can reach us at 1-888-693-2401

Call us immediately if you are experiencing any of the following:

• The Zio monitor fell off
• Severe skin irritation
• The Zio monitor is flashing orange. Note: This does not mean that there is a problem with your heart. It means that the patch is not attached well. To troubleshoot this issue on your own, see “What if the Zio monitor flashes orange while I’m wearing it?” section.

Email support@irhythmtech.com

Call 1(888)693-2401

The following medical procedures will not interfere with the Zio AT monitor:

• Electrocardiogram (EKG)
• Echocardiogram
• Electron-beam Computed Tomography (EBCT)
• Electroencephalogram (EEG)
• Mammogram
• Ultrasound
• Nuclear Stress Test
• X-RAY
• Radiation
• Computed Tomography (CAT Scan)
• Positron Emissions Tomography (PET SCAN)
   

It is not recommended you wear the Zio AT monitor for the following procedures:

• Magnetic Resonance Imaging (MRI), any job that exposes you to a large magnetic field
• Neuromuscular Stimulators: Brain Stimulator; Neurostimulator; Spinal Stimulator; TENS Unit
• External cardioversion/defibrillation

Review the Zio® AT Important Information booklet for comprehensive safety information.
 

Indications for use

The Zio AT ECG Monitoring System is intended to capture, analyze and report symptomatic and asymptomatic cardiac events and continuous electrocardiogram (ECG) information for long-term monitoring. While continuously recording patient ECG, both patient-triggered and automatically detected arrhythmia events are transmitted to a monitoring center for reporting. After wear, a final report is generated based on beat-to-beat information from the entire ECG recording. It is indicated for use on patients 18 years or older who may be asymptomatic or who may suffer from transient symptoms such as palpitations, shortness of breath, dizziness, light-headedness, pre-syncope, syncope, fatigue, or anxiety. The reports are provided for review by the intended user to render a diagnosis based on clinical judgment and experience. It is not intended for use on critical care patients.

Contraindications

• Do not use Zio AT for patients with symptomatic episodes where variations in cardiac performance could result in immediate danger to the patient or when real-time or in-patient monitoring should be prescribed.
• Do not use the Zio AT for patients with known history of life threatening arrhythmias.
• Do not use the Zio AT in combination with external cardiac defibrillators or high frequency surgical equipment near strong magnetic fields or devices such as MRI.
• Do not use the Zio AT on patients with neuro-stimulator, as it may disrupt the quality of ECG data.
• Do not use the Zio AT on patients who do not have the competency to wear the device for the prescribed monitoring period.
   

Warnings

• Do not use the Zio AT Patch on patients with known allergic reaction to adhesives or hydrogels or with family history of adhesive skin allergies. Patient may experience skin irritation.
• Do not reuse the Zio AT Patch on multiple patients. It is a single patient use device. Reuse will cause incorrect patient data and patient may experience skin irritation.
• Do not use the Zio AT on patients residing in areas with limited to no cellular reception.
• Do not modify the Zio AT system.
• The Zio AT system is MR Unsafe!
  
  
  • Do not expose the Zio AT patch or gateway to a magnetic resonance (MR) environment.
  • The Zio AT patch or gateway may present a risk of projectile injury due to the presence of ferromagnetic materials that can be attracted by the MR magnet core.
  • Thermal injury and burns may occur due to the metal components of the Zio AT patch that can heat during MR scanning.
  • The Zio AT patch may generate artifacts in the MR image.
  • The Zio AT patch or gateway may not function properly due to the strong magnetic and radiofrequency fields generated by the MR scanner.

 If skin irritation such as severe redness, itching or allergic symptoms develop, remove the Zio XT Patch from the patient’s chest.

CAUTION: Federal (USA) law restricts the sale of this device to or on the order of a physician.
 

Precautions

• Safety and effectiveness of the Zio AT Patch on patients receiving any form of pacing therapy has not been established. Paced cardiac rhythms may not be accurately detected and may be incorrectly classified.
• Safety and effectiveness of the Zio AT system on pediatric patients (younger than 18 years old) has not been established.
• The Zio AT system includes temperature and humidity limitations when stored/transported. If exposed during storage/transport, patients may experience degradation of adhesive performance causing the Zio AT patch to slip or fall off during the patient wear duration.
• The Zio AT system has a shelf-life date. Use of expired device may cause a degradation of ECG signal quality and/or low battery condition.
• Do not use the Zio AT system if package is damaged. Device may not perform as intended.
• Keep device and packaging away from young children. Contents may be harmful if swallowed. Patch contains button cell batteries that are not accessible during normal use but, if exposed, are known choking hazards and may cause severe tissue injury if ingested.
• Registration errors may result in limited functionality or erroneous ECG reporting. Utmost caution should be applied to ensure that patient registration is accurate and complete.

MyZio™ Terms of Use

Last Updated: June 2020

Welcome, and thank you for your interest in iRhythm Technologies, Inc. (“iRhythm”, “we,” or “us”) and the MyZio mobile app (the “MyZio App”) and related web sites, networks, embeddable widgets, downloadable software, mobile applications (including tablet applications), and other services provided by us and on which a link to these Terms of Use is displayed (collectively, together with the MyZio App, our “Service”). These Terms of Use are a legally binding contract between you and iRhythm regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY CLICKING “I ACCEPT,” DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE MYZIO APP OR THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE MYZIO PRIVACY POLICY https://www.myzio.com/privacy (COLLECTIVELY, THESE “TERMS”). If you are not eligible, or do not agree to these Terms, then you may not use the Service.

THESE TERMS DO NOT COVER YOUR USE OF THE IRHYTHM HEART MONITORING DEVICE OR SERVICE OR ANY OTHER SIMILAR DEVICES OR SERVICES PROVIDED BY IRHYTHM. For more information on any such devices and services, please contact iRhythm Customer Service at 1-888-693-2401 or support@irhythmtech.com.

You acknowledge and agree that, as provided in greater detail in the Terms:

• The MyZio App is licensed, not sold to you, and you may use the Service only as set forth in these Terms;
• Your use of the Service may be subject to separate third-party terms of service and fees, including without limitation the terms of service and data, SMS, MMS, and other fees of your mobile network operator (the “Carrier”), which are your sole responsibility;
• You consent to the collection and use of your personally identifiable information in accordance with the MyZio Privacy Policy https://www.myzio.com/privacy;
• The Service is provided “as is” without warranties of any kind and iRhythm’s liability to you is limited; PLEASE NOTE THAT WE DO NOT PROVIDE PROFESSIONAL MEDICAL, DIAGNOSIS OR TREATMENT ADVICE. There is no express or implied physician-patient relationship between you and iRhythm, its employees, agents or consultants;
• The symptoms you enter into the MyZio App are not reviewed until after the heart monitoring device has been returned to iRhythm and the cardiac rhythm data are under review. IF YOU NEED IMMEDIATE MEDICAL ATTENTION, PLEASE CALL 911.
• Disputes arising hereunder will be resolved by binding arbitration, AND BY ACCEPTING THESE TERMS, YOU AND IRHYTHM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Dispute Resolution Section below for the details regarding your agreement to arbitrate any disputes with iRhythm;
   

iRhythm Service Overview. The Service allows users to document symptom-related information while wearing iRhythm heart monitoring devices. Data collected via the MyZio App may be utilized in conjunction with such iRhythm devices and processed to create related clinical information that is relayed to a user’s designated medical provider in accordance with the Privacy Policy https://www.myzio.com/privacy.
 

1. Eligibility. You must be at least eighteen (18) years of age to use the Service. By agreeing to these Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years of age; (ii) that you have not previously been suspended or removed from the Service; and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.
   
   
2. Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your e-mail address or other contact information). You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at support@irhythmtech.com.
   
   
3. App Terms. The terms of this Section 3 govern your acquisition and use of the MyZio App.
   
   • Third Party Accounts. In order to download the App, you may be required by the third party who is distributing or providing you access to the App, such as Apple, Inc. (each, a “Distributor”), to create an account. You are solely responsible for maintaining the security of any logins, passwords, or other credentials that you select or that are provided to you to access your account with any Distributor. Your use of any account with a Distributor is subject to any terms, conditions, and policies, including privacy policies, of that Distributor. iRhythm is not responsible for any act or omission of any Distributor.
     
     
   • License to the App. Subject to your complete and ongoing compliance with all the terms and conditions set forth in these Terms (including without limitation compliance with all license restrictions), iRhythm grants you (1) a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use one copy of the MyZio App downloaded directly from iRhythm or from a legitimate marketplace (such as Apple’s iTunes store), solely in object code format and solely for your personal use for lawful purposes, on compatible mobile devices that you own or control; and (2) permission to access and use the Service, only for your personal use, and solely through the use of a licensed copy of the MyZio App. You may not reproduce, distribute, publicly display, or publicly perform the MyZio App or any part of the Service. Except if, and solely to the extent that, such a restriction is impermissible under applicable law, you may not (a) decompile, reverse engineer, or otherwise access or attempt to access the source code for the MyZio App, or make or attempt to make any modification to or derivative work of the MyZio App; or (b) interfere with or circumvent any feature of the MyZio App, including without limitation any security or access control mechanism. You may not use the MyZio App or the Service for any purpose other than a purpose for which the MyZio App and the Service are expressly designed. The term MyZio App, as used herein, includes any update or modification to the MyZio App made available to you by iRhythm (unless provided with separate terms). If you are prohibited under applicable law from using the MyZio App or the rest of the Service, you may not use them.
     
     
   • Access to the MyZio App; Third Party Fees. iRhythm does not provide you with the equipment to use the MyZio App. You are responsible for all fees charged by third parties to access and use the MyZio App (e.g., charges by mobile carriers). Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any carrier service plan you use in connection with your use of the Service (such as voice, data, SMS, MMS, roaming, other applicable fees charged by the carrier). Accordingly, you should use care in selecting a service plan offered by your carrier. If your device is lost or stolen, you must notify iRhythm immediately to suspend services.
      
4. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
   
   • use the Service for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing protected health information, intellectual property and other proprietary rights, and data protection and privacy;
     
     
   • violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights;
     
     
   • interfere with security-related features of the Service, including without limitation by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Service or any part thereof except to the extent that such activity is expressly permitted by applicable law;
     
     
   • interfere with the operation of the Service or any user’s enjoyment of the Service, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, (ii) making unsolicited offers or advertisements to other users of the Service (iii) attempting to collect personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
     
     
   • perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your age or date of birth;
     
     
   • sell or otherwise transfer the access granted herein or any Materials (as defined in Section 10 below) or any right or ability to view, access, or use any Materials;
     
     
   • attempt to do any of the foregoing in this Section 4, or assist or permit any persons in engaging in any of the activities described in this Section 4.
      
5. Third-Party Services and Linked Websites. iRhythm may provide tools through the Service that enable you to export information to third party services, including through features that allow you to link your account on iRhythm with an account on the third party service. By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under our control, and we are not responsible for their content.
   
   
6. Termination of Use; Discontinuation and Modification of the Service. If you violate any provision of these Terms, your permission to use the Service will terminate automatically. Additionally, iRhythm, in its sole discretion may terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting customer service at support@irhythmtech.com.
   
   
7. Feedback. If you provide feedback to iRhythm regarding the Service (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize iRhythm to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to iRhythm a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use the Feedback in any manner and for any purpose.
   
   
8. Privacy Policy; Additional Terms
   
   • Privacy Policy. Please read the MyZio Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The iRhythm Privacy Policy (https://www.myzio.com/privacy) is hereby incorporated by reference into, and made a part of, these Terms.
     
     
   • Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to on the Service (the "Additional Terms"), such as end-user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on the Service, subject to Section 9 below. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.
      
9. Changes to the Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. In the event that a change to these Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Service, by sending an email to any address you may have used to register for an account, or through other similar mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms, changes are effective only after your acceptance. If you do not accept the changed Terms, we may terminate your access to and use of the Service. All other changes are effective upon publication of the changed Terms. Disputes arising under these Terms will be resolved in accordance with the Terms in effect at the time the dispute arose.
   
   
10. Ownership; Proprietary Rights. The Service is owned and operated by iRhythm. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (the “Materials”) provided by iRhythm are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of iRhythm or our third-party licensors. Except as expressly authorized by iRhythm, you may not make use of the Materials. iRhythm reserves all rights to the Materials not granted expressly in these Terms.
    
    
11. Indemnity. You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless iRhythm and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "iRhythm Entities") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
    
    
12. Disclaimers; No Warranties
    

    THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE IRHYTHM ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE IRHYTHM ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
     

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE IRHYTHM ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.
    
    SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
    
    The Service provides information and readings to you based on your symptom entry into the Service. YOU AGREE THAT IRHYTHM CANNOT VERIFY THAT YOU HAVE CORRECTLY COMPLETED SYMPTOM ENTRY ACTIONS ON THE MYZIO APP, OR THAT ANY INFORMATION OBTAINED THROUGH THE SERVICE IS ACCURATE, AND THEREFORE IRHYTHM CANNOT BE HELD RESPONSIBLE FOR ANY ACTION OR INACTION RESULTING FROM DISPLAY OF "SYMPTOM OR OTHER RELATED INFORMATION” ON THE SERVICE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE SERVICE, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL, HEALTH OR CLAIMS MANAGEMENT RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON OR THROUGH THE SERVICE. THE USE OF ANY INFORMATION PROVIDED ON OR THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK.
    
    Nothing stated or posted on the MyZio App or available through any Service is intended to be, and must not be taken to be, the practice of medicine or counseling care. Your access or use of the MyZio App and the Service does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our licensors.

     

13. Limitation of Liability
    

    IN NO EVENT WILL THE IRHYTHM ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE IRHYTHM ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
     

    YOU AGREE THAT THE AGGREGATE LIABILITY OF THE IRHYTHM ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.

    
    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

    
    EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 13 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
     

14. Special Considerations for International Use. While iRhythm has designed the Service for users in the United States, we recognize the global nature of the Internet. As a condition of using the Service, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of protected health information, including clinical and personal data, exported from the United States or the country in which you reside.
    
    
15. Governing Law. These Terms shall be governed by the laws of the State of California without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and iRhythm agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for the purpose of litigating all such disputes.
    
    
16. General. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and iRhythm regarding your use of and access to the Service, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration, including, but not limited to, Sections 1, and 6 through 22.
    
    
17. Dispute Resolution and Arbitration
    
    • Generally. In the interest of resolving disputes between you and iRhythm in the most expedient and cost effective manner, you and iRhythm agree that any and all disputes arising in connection with these Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND IRHYTHM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.
      
      
    • Exceptions. Notwithstanding Subsection 17.1, we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
      
      
    • Arbitrator. Any arbitration between you and iRhythm will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting iRhythm.
      
      
    • Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). iRhythm's address for Notice is: iRhythm Technologies, Inc., 699 8th St. Suite 600, San Francisco, CA 94103 ATTN: CFO. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or iRhythm may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or iRhythm shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, iRhythm shall pay you (i) the amount awarded by the arbitrator, if any, (ii) the last written settlement amount offered by iRhythm in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.00, whichever is greater.
      
      
    • Fees. In the event that you commence arbitration in accordance with these Terms, iRhythm will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in San Francisco County, California, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse iRhythm for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
      
      
    • No Class Actions. YOU AND IRHYTHM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and iRhythm agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
      
      
    • Modifications. In the event that iRhythm makes any future change to this arbitration provision (other than a change to iRhythm's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to iRhythm's address for Notice, in which case your account with iRhythm shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
      
      
    • Enforceability. If Subsection 17.6 is found to be unenforceable or if the entirety of this Section 17 is found to be unenforceable, then the entirety of this Section 17 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 15 shall govern any action arising out of or related to these Terms.
       
18. Consent to Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
    
    
19. Quality and Accuracy Testing. In order to better improve the Service, we may offer you the opportunity to help us test the accuracy and quality of the Service. If you choose to participate in such tests, we may correspond with you and provide you information about your use of the Service for you to verify. In order to ensure the quality of these tests, some of the information that we will provide may be randomized or incorrect.
    
    
20. Contact Information. The services hereunder are offered by iRhythm Technologies, Inc., located at 699 8th St. Suite 600, San Francisco, CA 94103. You may contact us by sending correspondence to the foregoing address or by emailing us at support@irhythmtech.com.
    
    
21. Notice to California Residents. If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms. In addition, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.
    
    
22. Special Terms Regarding Apple. To the extent that you are using our mobile applications on an iOS device, you further acknowledge and agree to the terms of this Section 22. You acknowledge that these Terms are between you and iRhythm only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Privacy Policy

Last Updated: June 2020

Welcome, and thank you for your interest in iRhythm Technologies, Inc. (iRhythm, we, or us), and our MyZio mobile app (the MyZio App) and related web sites, networks, downloadable software and other services provided by us and on which a link to this Privacy Policy (this Policy) is displayed (collectively, together with the MyZio App, our Service).

This Policy describes the information that we gather from you on the Service, how we use and disclose such information, and the steps we take to protect such information. By using the Service, you consent to the privacy practices described in this Policy.

This Policy is incorporated into and is subject to the MyZio Terms of Use https://www.myzio.com/terms. Capitalized terms used but not defined in this Policy have the meaning given to them in the iRhythm Terms of Use.
 

The information we collect on the Service:

• User-provided Information. When you use the Service, you may provide and we may collect what is generally called “personally identifiable” information, or “personal information,” which is information that specifically identifies an individual. Examples of personal information include name and email address. Personal information also includes other information, such as symptom information that you may enter into the App, when any such information is linked to information that identifies a specific individual. You may provide us with personal information in various ways on the Service. For example, you provide us with personal information when you register for an account, use the Service, respond to email communications from us related to the Service or send us customer service-related requests.
  
• “Cookies” and “Automatically Collected” Information. When you use the Service, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your device. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Service. Please review your web browser “Help" file to learn the proper way to modify your cookie settings. Please note that if you delete, or choose not to accept, cookies from the Service, you may not be able to utilize the features of the Service to their fullest potential. We may also automatically record certain information from your device by using various types of technology, including “clear gifs" or “web beacons.” This “automatically collected" information may include your IP address or other device address or ID, web browser and/or device type, the pages or other content you view or otherwise interact with on the Service, and the dates and times that you visit, access, or use the Service.
  
• Information from Other Sources. We may obtain information, including personal information, from third parties and sources other than the Service, such as our partners. If we combine or associate information from other sources with personal information that we collect through the Service, we will treat the combined information as personal information in accordance with this Policy.
   

How we use the information we collect. We use information we collect on the Service in a variety of ways in providing the Service and operating our business, including the following:

• We use the information that we collect on the Service to operate, maintain, enhance and provide all features of the Service, to provide services and information that you request, and to respond to comments and questions and otherwise to provide support to users.
• We use the information that we collect on the Service to understand and analyze the usage trends and preferences of our users, to improve the Service, and to develop new products, services, features, and functionality.
• We may use your email address or other information we collect on the Service (i) to contact you for administrative purposes such as customer service, to address intellectual property infringement or violations of third party rights or (ii) to send communications.
• We may use “cookies” information and “automatically collected” information we collect on the Service to: (i) personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Service; (ii) provide customized content, and information for the Services; (iii) monitor and analyze the effectiveness of Service; and (iv) monitor aggregate site usage metrics such as total number of visitors and pages viewed.
   

When we disclose information. Except as described in this Policy, we will not disclose your information that we collect on the Service to third parties without your consent. We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:

• We will provide the symptom and other information you enter into the Service as well as information gathered from iRhythm heart monitor devices linked to your account to your designated health care provider.
• We may work with third-party service providers to provide website, application development, analytics, hosting, maintenance, and other services for us. We also work with third-party service providers to create insights and suggestions. These third parties may have access to or process your information as part of providing those services for us. Generally, we limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions.
• We may make certain automatically-collected, aggregated, or otherwise non-personally-identifiable information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users, and usage patterns for certain programs, content, services, , and/or functionality available through the Service.
• We may disclose your information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws, in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.
• We also reserve the right to disclose your information that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the Service and any facilities or equipment used to make the Service available, or (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.
• Information about our users, including personal information, may be disclosed and otherwise transferred to an acquirer, or successor or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
• We also may disclose your information as may be described in a notice to you at the time the information is collected, or in any other manner to which you consent.
   

Your Choices

You may, of course, decline to share certain personal information with us, in which case we may not be able to provide to you some of the features and functionality of the Service. If you wish to access or amend any other personal information we hold about you, or to request that we delete any information about you, you may contact us at support@irhythmtech.com. Please note that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.

Your device operating system or browser may include settings, options, or add-on components to control the placement and presence of cookies and access to location information. We do not track our users over time and across third party websites to provide targeted advertising and do not specifically respond to Do Not Track (“DNT”) signals. However, some third party websites do keep track of your browsing activities, including across other websites on the Internet, which enables these websites to tailor what they present to you. If you are visiting such websites, your browser may allow you to set a DNT signal on your browser so that third parties know you do not want to be tracked.

We use Google Analytics to collect and process certain analytics data (e.g., IP address, location, browser type, referral source, length of visit and pages viewed). The collection of such information involves the use of cookies and similar technologies, as described above. Google provides some additional privacy options described at https://policies.google.com/technologies/partner-sites.

If you receive promotional email from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt-out from receiving promotional email from us, and any other promotional communications that we may send to you from time to time, by sending your request to us by email at support@irhythmtech.com, or by writing to us at the address given at the end of this policy.

Please be aware that if you opt-out of receiving commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten business days for us to process your request, and you may receive promotional communications from us that you have opted-out from during that period. Additionally, even after you opt-out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Service.
 

Third-Party Services

The Service may contain features or links to Web sites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Service. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through the Service. We encourage you to learn about third parties’ privacy and security policies before providing them with information.
 

Children’s Privacy

Our Service is not directed to children under the age of 18, and we do not knowingly collect personal information from children under the age of 18. If you are a parent or guardian and discover that your child under 18 years of age has obtained an account on the Service, then you may alert us at info@irhythmtech.com and request that we delete that child’s personally identifiable information from our systems.
 

Data Security

We use certain physical, administrative, and technical safeguards in an effort to protect the integrity and security of personal information that we collect and maintain. We cannot, however, ensure or warrant the security of any information you transmit to us or store on the Service, and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
 

Privacy Settings

You may request to verify and edit any of your personal information by contacting the iRhythm’s Customer Service via the contact information listed below.
 

International Visitors

The App is intended only for users in the United States. If you choose to use the App or otherwise use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that the Service is hosted in the United States and thus, you may be transferring your personal information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Service. By providing any information, including personal information, on or to the Service, you consent to such transfer, storage, and processing.
 

Changes and Updates to this Policy

Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify this Policy, we will make it available through the Service, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. Your continued use of the Service after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of this Policy.
 

Our Contact Information

Please contact us with any questions or comments about this Policy, your personal information, our use and disclosure practices, or your consent choices by phone at 1-888-693-2401 (24 hours, 7 days a week) or by email at support@irhythmtech.com.

iRhythm Technologies, Inc.
699 8th Street, Suite 600
San Francisco, CA 94103

You can reach us at 1-(888)-693-2401

Call us immediately if you are experiencing any of the following:

• The Zio AT monitor fell off
• Severe skin irritation
• The Zio AT monitor is flashing orange Note: This does not mean that there is a problem with your heart. It means that the patch is not attached well. To troubleshoot this issue on your own, see “What if the Zio monitor flashes orange while I’m wearing it?” section
   

Email support@irhythmtech.com
Call 1(888)693-2401