Terms of Service
Last Updated: 1 March 2019
HealthSnap Inc., a Delaware corporation (“HealthSnap,” “we,” “our,” or “us”) provides the HERA™ platform that translates a consumer’s (“End User”) lifestyle health data from multiple sources, such as wearables, health and medical devices, and questionnaires, into a normalized format so that End Users can sync and track their lifestyle health data and share it with a healthcare provider (“Provider”) or multiple Providers (a “Care Team”) who are able to easily and quickly make better and more informed, data-driven decisions about their patients’ health. HERA™ includes a mobile application (“Mobile App”) and web-based dashboards for both End Users/Patients and Providers (“Dashboard”)( HERA™ Mobile App and Dashboards collectively, the “Services”). The Services may be used by an End User who is not “connected” to, or sharing his account data with, a Provider, or by an End User who is connected to a Provider (a “Patient). The term “you” or “yours” refers to an End User, a Patient or a Provider.
- ACCEPTANCE OF TERMS- This Terms of Service sets forth the legally binding terms for your use of and access to the Services. By clicking the “I AGREE” button, installing the Mobile App or using any of the Services, you agree to be bound by this Terms of Service as of such date (the “Effective Date”). IF YOU DO NOT AGREE WITH IT, DO NOT USE THE SERVICES OR INSTALL THE MOBILE APP, AND DISCONTINUE USE THEREOF AND UNINSTALL THE MOBILE APP IMMEDIATELY.
- MEDICAL DISCLAIMER- HealthSnap is NOT a licensed medical care provider or health insurance carrier and does not practice medicine or dispense medical or health-related advice. None of the Services are INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE OR DIAGNOSE, TREAT OR MANAGE ANY ILLNESS OR MEDICAL CONDITION. PLEASE CONSULT WITH A LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS THAT MAY AFFECT YOUR HEALTH AND SAFETY. All information provided to You by HealthSnap is of a general nature. THIS SERVICE IS NOT INTENDED TO CONSTITUTE (I) THE PRACTICE OF MEDICINE OR THE PROVISION OF HEALTHCARE DIAGNOSIS OR TREATMENT, (II) THE CREATION OF A DOCTOR-PATIENT RELATIONSHIP, OR (III) AN ENDORSEMENT, RECOMMENDATION, OR SPONSORSHIP OF ANY PRODUCT OR SERVICE. THE DETERMINATION OF THE NEED FOR MEDICAL SERVICES AND THE TYPES OF HEALTHCARE TO PROVIDE A PATIENT ARE DECISIONS THAT SHOULD BE MADE ONLY BY A LICENSED HEALTHCARE PROVIDER.
- USE OF THE SERVICES- All Accounts- You agree that Your account information will always be accurate, and up-to-date. It is Your responsibility to keep Your account password or log-in credentials confidential at all times and You are solely responsible to HealthSnap for all activity that occurs via Your account. If You become aware of any unauthorized use of Your account or account Information, or any other breach of security, You agree to notify HealthSnap by contacting us at info@HealthSnap.io. HealthSnap may require that You change Your account information or certain parts of Your account information at any time for any reason. Unless HealthSnap expressly allows You the right to create and manage multiple HealthSnap IDs as an account administrator for a company or unless expressly permitted, You may not use another person’s account information. Patient-Provider Connection- By enabling Patients and Providers to connect with each other, both are empowered to view, add, track and share information about a Patient’s lifestyle health and make changes together to better the Patient’s general health. Upon connecting with each other in the Services, Patient agrees to share with and understands that Provider will be able to view all information, including historical User Content, in Patient’s account for so long as Patient and Provider remain connected. Once a Patient and Provider disconnect from each other, Provider may still be able to access the Patient’s User Content, including new User Content for 10 days post-disconnection.
- TERM AND TERMINATION- The term of this Terms of Service and the license and other rights granted herein commence on the date you begin using or accessing the Services and continue until terminated by HealthSnap or You. You may terminate this agreement by deleting the Mobile App and all copies of it from your mobile devices or by following the prompts to close your account within your Dashboard. You may terminate this agreement for any reason or due to a material breach of this Terms of Service by HealthSnap. If you assert that a breach occurred, you must give HealthSnap written notice of the breach and 30 days to cure it. Failure to provide notice and a cure period, waives your right to demand indemnity and allege damages. HealthSnap may terminate this agreement at any time without notice if it ceases to offer the Services or support the Mobile App, which it may do in its sole discretion, or if you fail to comply with one or more terms of this Terms of Service. Upon termination of the agreements in this Terms of Service: (a) all license and other rights granted from HealthSnap to You will terminate; and (b) You must cease all use of the Services. You acknowledge that HealthSnap may restrict, modify, or terminate this agreement, without liability, for its convenience, or if you violate this Terms of Service or any law, rule, or regulation.
- LICENSE GRANT TO THE SERVICES- Subject to this Terms of Service, HealthSnap hereby grants you a limited, non-exclusive and nontransferable license during the Term to use and access the Services within only the United States of America as described herein in accordance with this Terms of Service. Please note, at this time the Services are not for use by international users, and specifically those within the European Union. All rights, title, and interest in and to the Services not expressly granted in this Terms of Service are reserved by the HealthSnap . If you wish to use the HealthSnap’s software, title, trade name, trademark, service mark, logo, domain name and/or any other identification with notable brand features or other content owned by the HealthSnap, you must obtain written permission from the HealthSnap.
- LICENSE RESTRICTIONS- Except as specifically provided in this Terms of Service, the license granted does not permit you or any third party (directly or indirectly, in whole or in part) to: (a) reverse engineer or attempt to derive the source code from or create derivative works of the Services, or any portion thereof; (b) use the Services in a greater capacity than identified in this Terms of Service or intended by HealthSnap ; (c) sublicense, the Services, (d) access, use, or copy any portion of the Services to directly or indirectly to develop, promote or support any product or service that is competitive with the Services, (e) lease, rent or commercially share or otherwise use the Services for purposes of providing a service bureau or providing third party hosting, application service provider type services; (f) remove any identification, patent, trademark, copyright, or other notice from the Services; (g) interfere with or disrupt the integrity or performance of the Services or data contained therein; (h) attempt to gain unauthorized access to the Services, including access to other HealthSnap customer’s data; (i) disclose or publish, without HealthSnap ‘s express prior written consent, performance or capacity statistics or the results of any benchmark test performed on the Services; (j) use any name, mark, or designation of HealthSnap, or any of its affiliates or licensors or their respective products or services, unless expressly permitted herein or by HealthSnap in writing; (k) use the Services in connection with any activity for which may result in tangible or intangible property damage, or death or serious body injury; and (l) use the Services including the transmission of User Content, in any manner that violates in any law, rule, regulation or any other legal or regulatory requirement imposed by any regulatory or government agency or political subdivision, whether federal, state, local, or foreign. HealthSnap reserves the right to block, without liability, any User Content or account that violates the terms of this
- END USER, PATIENT and PROVIDER REPRESENTATIONS- You represent and warrant that you are 18 years of age or older and that the information that you provide to us about you, or, if you are a Provider, about your Patient, in connection with HealthSnap will be up to date, true, accurate, defensible and complete. If you are a Provider, you further represent and warrant that you have all necessary rights, licenses, consents and approvals to provide us with any Patient-related information and data (including Patient health information) in connection with the Services. Patient acknowledges that HealthSnap is not liable for any losses, costs, damages or claimed in connection with, arising from or related to a Patient-Provider interaction and that Patient will rely on the advice of a Provider at his/her own risk. HealthSnap strongly suggests Patients obtain the in-person advice of a physician or other qualified healthcare provider that is fully aware of Patient’s individual symptoms and status before receiving any diagnosis, treatment, medication, intervention or procedure. If you are a Provider, You acknowledge and agree that: a) You, and specifically not HealthSnap, are solely responsible for verifying the accuracy of all Patient information and determining the data necessary for You to make medical and diagnostic decisions, as well as for complying with all laws, regulations and licensing requirements applicable to Your delivery of healthcare services and b) the Services do not make any medical, clinical or other conclusions and are not a substitute for competent, properly trained and knowledgeable staff who bring professional judgment and analysis to the information presented by the Services.
- PROVIDERS’ RESPONSIBILITY FOR PATIENTS – HealthSnap disclaims any responsibility or liability as it relates to a Provider’s Patient and their use of the Services with respect thereto. Providers acknowledge and agree to be solely responsible for a) any support, training and communication with and for their Patients with respect to the Services; b) communications and content created by or transmitted from Provider (Provider Content”) to a Patient; c) medical or health related advice dispensed by Provider via the Services; d) any products or services that Provider may provide to a Patient; e) for verifying the accuracy of all Patient information and determining the data necessary for them to make medical and diagnostic decisions, f) for complying with all laws, regulations and licensing requirements applicable to Provider’s delivery of healthcare services; and g) the Service does not make any medical, clinical or other conclusions and is not a substitute for competent, properly trained and knowledgeable Providers who bring professional judgment and analysis to the information presented by the Services. Patient acknowledges that HealthSnap is not liable for any losses, costs, damages or claimed in connection with, arising from or related to a Patient-Provider interaction and that Patient will rely on the advice of a Provider at his/her own risk. HealthSnap strongly suggests Patients obtain the in-person advice of a physician or other qualified healthcare provider that is fully aware of Patient’s individual symptoms and status before receiving any diagnosis, treatment, medication, intervention or procedure.
- PROVIDER FEES AND PAYMENT TERMS- There is no cost for End Users or Patient to use the Services. THE FOLLOWING TIERED PRICING MODEL ONLY APPLIES TO PROVIDERS WHO USE THE HERA™ PLATFORM: The Services include a free trial period during which a Provider can experience the Services at no cost according to a tiered pricing system. By way of example, the tiered pricing system allows, in its Tier 1, for the Provider to use the Services for free for their first 5 Connected Patients per day. Once the number of Connected Patients in Tier 1 reaches five (5), the Provider then enters the next tier, Tier 2, which accounts for 6-12 Connected Patients.
The full tiered structure is shown below:
# Connected Patients Cost/Patient/Month*. Tier 1
THE FOLLOWING SUBSCRIPTION PRICING MODEL ONLY APPLIES IF YOU BECAME A PROVIDER PRIOR TO MARCH 1, 2019 AND ARE NOT USING THE HERA™ PLATFORM: If you are a monthly subscriber with HealthSnap you will be charged a monthly fee each month for unlimited use of the services you currently use. You agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically renewed for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate until you cancel your subscription. If you are a yearly subscriber with HealthSnap You will be charged a once per year fee at the then-current yearly subscription rate for unlimited use of the services you currently use for 365 days from the date of your initial payment. Your subscription will be automatically renewed at the end of the year that was previously paid. Your payment method will automatically be charged for each successive yearly period at the then-current subscription rate unless you notify us at least eight (8) days prior to the renewal date of your intention to cancel your subscription.
- USE AT YOUR OWN RISK- Our goal is to help you easily understand your lifestyle health and to allow your Providers the ability to focus on preventative medicine for their Patients, however, the Services cannot and do not guarantee health-related improvements or outcomes. Your use of the Services and any information, predictions, or recommendations provided therein are at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, information, estimates, and predictions that we may provide to you through the Services and you agree and understand that the Services are not intended to match or serve the same purpose as a medical or scientific device.
- Passwords. When You sign up for an account for the Services You will be asked to create a user name and/or password for secured access to the Services. You are entirely responsible for maintaining the confidentiality of Your password. You agree not to disclose Your password to any third party. You agree to notify us immediately if You suspect any unauthorized use of Your account or access to Your password. You are solely responsible for any and all use of Your account.
- THIRD PARTY SERVICES- The Services may give you access to links to third-party websites, apps, or other products or services (“Third Party Services”). HealthSnap does not control Third Party Services in any manner and, accordingly, does not assume any liability associated with such Third Party Services. You need to take appropriate steps to determine whether accessing a Third Party Service is appropriate, and to protect your personal information and privacy in using any such Third Party Services.
- COMMUNICATIONS- By using the Services, You consent to receiving electronic communications from us. These electronic communications may include information concerning or related to the Services. These electronic communications are part of Your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send You electronically will satisfy any legal communication requirements, including that such communications be in writing. SMS Messages, etc.- To the extent the Mobile App enables you to send or receive SMS messages, the standard text messaging rates or other carrier charges may apply to such use. Further, to the extent the Mobile App has push notification capability, by downloading the Mobile App and clicking to allow push notifications, you consent to receive communications, including commercial communications from or on behalf of HealthSnap, Providers or our partners.
- RESERVATIONS OF RIGHTS- You acknowledge and agree that a) the Services are licensed, not sold to you; b) the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, c) content contained in information presented to You through the Services is protected by copyrights, trade secrets, trademarks, service marks, patents or other proprietary rights and laws and d) except as expressly provided herein, nothing contained in these Terms is intended or shall be construed as granting to You any rights in or to any such content. HealthSnap reserves all rights in and to the Services not expressly granted to you in this Terms of Service.
- DISCLAIMER OF WARRANTIES- THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. HealthSnap PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. HealthSnap DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR OR OMISSION-FREE, ACCURATE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. HealthSnap DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
- LIMITATION OF LIABILITY- IN NO EVENT SHALL HEALTHSNAP OR ITS AFFILIATES OR LICENSORS INCLUDING THE UNIVERSITY OF MIAMI BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF HEALTHSNAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HEALTHSNAP OR ITS AFFILIATES OR LICENSORS HAVE AGGREGATE LIABILITY HEREUNDER FOR DAMAGES IN EXCESS OF THE LESSER OF $100 OR THE AMOUNT YOU PAID FOR THE SERVICES, IF ANY, IN THE THREE (3) MONTHS PRECEDING THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. To the extent that HealthSnap’s relationship with you is also governed by either our Business Associate Agreement or a separate business associate agreement, the terms of that Business Associate Agreement will govern any claims arising therefrom and the limitations set forth in this section will not apply.
Without limiting the foregoing, we, our licensors, and our suppliers make no representations or warranties about the accuracy, reliability, completeness, currentness, or timeliness of the Services or information contained therein. HealthSnap, our licensors, or our affiliates are not liable for any personal injury, including death, caused by any user’s use or misuse of the Services or any information contained therein. To the fullest extent of the law, HealthSnap is not liable for any User Content or Provider Content submitted to the Services, or for any third parties’ use or misuse of information transmitted or received using the Services. Any claims arising in connection with the Services must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under this Terms of Service are exclusive and are limited to those expressly provided for in this Terms of Service.
- CHANGES TO THE SERVICES- From time to time and without prior notice to you, we may change, expand and improve the Services. We may also, at any time, cease to continue operating part or all of the Services or selectively disable certain features of the Services. Your use of the Services does not entitle you to the continued provision or availability of the Services. Any modification or elimination of the Services or any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to you.
- INDEMNITY- You agree to defend, indemnify, and hold HealthSnap, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal fees, resulting from, or alleged to result from, your use of the Services; your breach of this Terms of Service; or your violation of any applicable laws, rules or regulations in connection with your use of the Services; any User Content or Provider Content submitted, posted, transmitted, or provided by You; or your violation of any third party’s rights, including confidentiality, property, privacy, intellectual property rights).
- APPLICATION MARKETPLACES- Regarding Apple, Inc., Google Inc. and other App Store Providers: You acknowledge that this Terms of Service is between you and HealthSnap and not with Apple, Inc. (“Apple”), Google Inc. (“Google”) or any sponsor or provider of any application marketplace (each an “App Store Provider”) and that HealthSnap (not the applicable App Store Provider) is responsible for the Mobile App or the Services. YOU ACKNOWLEDGE AND AGREE THAT NO APP STORE PROVIDER MAKES ANY WARRANTIES OR HAS ANY OBLIGATIONS WHATSOEVER UNDER THIS AGREEMENT OR HAS ANY WARRANTY OBLIGATIONS WITH RESPECT TO THE APPLICATION OR THE SERVICES. If you are using the Mobile App on any iOS-based device, this license is granted to you only as permitted by and subject to any applicable usage rules set forth in the Apple App Store Terms and Conditions and Apple and its subsidiaries, are third party beneficiaries of this Agreement. If you are using the Mobile App on any Android-based device, this license is granted to you only as permitted by and subject to any applicable Android Market Terms of Service established by Google.
The failure of HealthSnap to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. All claims between the parties related to this Agreement will be litigated individually and the parties will not consolidate or seek class treatment for any claim, unless previously agreed to in writing by the parties. You agree that regardless of any statute or law to the contrary, any claim or cause of action brought by you arising out of or related to use of the Services or this Terms of Service must be filed within one (1) year after such claim arose or be forever barred. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.