reading doodle

Terms
of Service

Welcome

Thank you for using our products, applications, and services (“Platform”). The Platform is provided by Healify, Inc. (“Healify”). BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO THE FOLLOWING TERMS JUST AS YOU WOULD BY SIGNING A PAPER CONTRACT. Please review these terms carefully. If you do not agree, do not use the Services.

1. These Terms

These terms (“Terms”) serve as an agreement between you and Healify (“Healify”, “we” or “us”) regarding your use of the Platform. When we use the term “you” we mean the person or business signing up for the Platform. You agree to accept these terms electronically, which has the same force and effect as an agreement in writing. By registering to use the Platform, you acknowledge that you have read and understood these Terms. We may change these terms at any time to reflect changes in our Platform and the laws that may govern it. We will post notice of the changes before they take effect. If you do not agree to the changes, you may discontinue your use of the Services. Your ongoing use of the Platform signifies your agreement to the new changes.

2. The Services

You understand and agree that service providers and clients may interact with each other through the Platform. We are an intermediary and we have no obligation to become involved in any dispute between a user of our Platform and any other person. We may change or discontinue all or any aspect of the Platform without notice and without liability to you. The Platform is not intended for use by service provider and clients regarding active, real-time patient monitoring so as to allow immediate clinical action or continuous monitoring by a service provider and client, be it health care provider, patient, or otherwise.

3. Terms for Clients

We do not provide medical or other health care treatment. You should always talk to an appropriately qualified healthcare professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. We do not represent or warrant that any services offered through the Platform by your provider is safe, appropriate, or effective for you. Any concerns or issues you have with your provider’s services is between you and your provider and not us. Reliance on any of the information provided through the Platform is solely at the user’s and the service provider’s own risk.

We do not confirm the credentials of any service provider using our Platform, healthcare or otherwise, and do not validate that she or he is in good standing with his or her respective licensure board(s), certification organization, or other entities. It is the user’s responsibility to separately confirm that a provider is in good standing with his or her respective licensing board(s). You understand that your use of the Platform may involve electronic communication of your personal information to service providers who may be located in other areas, including out of state. You give us a limited, non-exclusive right and license to store and transmit any information you provide through the Platform for the sole purpose of enabling Healify and your provider to provide the services to you.

USE OF OUR PLATFORM IS NOT APPROPRIATE FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, CALL 911 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.

4. Registration

As a condition to use the Platform, you must be an adult who is legally competent to enter into agreements, you must provide us with truthful, accurate and up-to-date information about yourself, and you must keep such information up-to-date. We reserve the right to reject any application to use the Platform. When you use or sign up to use the Platform, you agree that we may collect and use information about you in accordance with our privacy policy. You agree to keep your log-in credentials and passwords confidential. You are responsible for all activity under your account.

5. Using our Platform

You must abide by these Terms and any policies made available to you within the Platform. We give you a limited, revocable, non-exclusive, non-assignable and non-transferable right to access and use the Platform for your own use. If we offer any applications for download, you may only download and use the applications on your own devices and you may not redistribute such applications. You may use such applications only to connect with the Platform and for no other purpose.

You may use our Platform only as permitted by law, including applicable export and re-export control laws and regulations. You may not:

  • Use our Platform to copy, modify, make derivative works of our Platform, or to redistribute or resell our Platform;
  • Attempt to derive any code from our Platform;
  • Attempt to gain unauthorized access to our Platform and computer network;
  • Scrape or data mine our computer network for any purpose;
  • Use the Platform in violation of any laws or regulations;
  • Engage in any misleading or fraudulent activity;
  • Post any content or materials that are misleading or contain objectionable content such as pornography.
  • Impersonate another person, professional or business

We may suspend or stop providing our Platform to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. We may take any legal and technical action to enforce the obligations under these Terms.

6. Proprietary Rights

We and our licensors, if any, own all proprietary rights to the Platform, including without limitation all text, images, data, applications, technology, information, and other content and all intellectual property rights therein, displayed, available, or appearing on the Platform. The software coding and the look and feel of the Platform provided by us are copyrighted by us and our property. These Terms do not grant you the right to use any branding or logos used in our Platform. Don’t remove, obscure, or alter any legal notices displayed in or along with our Platform. Some of our services are available on mobile devices. Do not use such services in a way that distracts you and prevents you from obeying traffic or safety laws.

7. Your Information

To the extent medical advice is provided to you by a health care provider through the Platform, such medical advice is based on your personal health data as provided by you to the provider and the local standards of care for your presenting symptoms, based on the information you provide. The medical advice provided by your provider is not under our control, nor is it provided to or used by us.

8. Your Healify Account

You may need a Healify Account to use our Platform. To protect your Healify Account, keep your email address and/or password confidential. You are responsible for the activity that happens on or through your Healify Account. If you learn of any unauthorized use of your Healify Account, please contact support@healify.org.

9. Mobile

We may from time-to-time make available mobile applications to access the Platform via a mobile device. We do not warrant that the mobile application will be compatible with your mobile device. We give you a non-exclusive, non-transferable, revocable license to use an object code copy of the mobile application for one registered account on one mobile device owned or leased solely by you, for your personal use and subject to these Terms. You acknowledge that we may from time-to-time issue upgraded versions of the mobile application, and may automatically electronically upgrade the version of the mobile application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The following additional terms and conditions apply with respect to any mobile application that we provide to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):

  • You acknowledge that these Terms are between you and us only, and not with Apple, Inc. (“Apple”).
  • Your use of our iOS App must comply with Apple’s then-current App Store Terms of Service.
  • We, and not Apple, are solely responsible for our iOS App and the Platform.
  • Apple has no obligation to provide maintenance and support services with respect to our iOS App.
  • To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
  • You agree that we, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
  • You agree that we, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
  • You 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.
  • You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
  • You agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of our iOS App. 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 they relate to your license of the iOS App as a third-party beneficiary thereof.

The following additional terms and conditions apply with respect to any mobile application that we provide to you designed for use on an Android-powered mobile device (an “Android App”):

  • You acknowledge that these Terms are between you and us and not with Google, Inc. (“Google”).
  • Your use of our Android App must comply with Google’s then-current Android Market Terms of Service.
  • Google is only a provider of the Android Market where you obtained the Android App.
  • We and not Google, are solely responsible for our Android App and the Platform. Google has no obligation or liability to you with respect to our Android App or these Terms.
  • You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to our Android App.

10. Privacy

Our privacy policy explains how we treat your personal data and protect your privacy when you use our Platform. By using our Platform, you agree that Healify can use such data in accordance with our privacy policies. Minors under the age of 13 may not access or use the Platform without verifiable parental consent as required under the Children's Online Privacy Protection Act. We will not accept any registration directly from a minor under 13. You may as a parent authorize a minor to access the Platform by sending a request to support@healify.org. If you are a provider, you understand and agree that you must obtain consent from a parent to permit access to a minor under 13.

11. Terminating our Services

You can stop using our Services at any time, although we’ll be sorry to see you go. Healify may stop providing services to you or change our offerings at any time.

12. Our Warranties and Disclaimers

We will use a commercially reasonable level of skill and care to provide the Platform to you; however, you understand and agree the Platform will not be perfect. Neither Healify nor its suppliers or distributors make any specific promises about the Services. WE PROVIDE THE PLATFORM “AS IS.” YOU ARE USING THE PLATFORM AT YOUR OWN RISK. WE MAKE NO OTHER WARRANTIES OR GUARANTEE OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY THAT THE PLATFORM IS MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, ACCURATE, NON-INFRINGING, AVAILABLE AT ALL TIMES IN ALL LOCATIONS, OR THAT THE PLATFORM WILL LEAD TO ANY RESULTS OR MEET YOUR REQUIREMENTS.

13. Liability for our Services

WHEN PERMITTED BY LAW, HEALIFY AND HEALIFY’S SUPPLIERS, EMPLOYEES, DIRECTORS, MEMBERS, INDEPENDENT CONTRACTORS, AGENTS, REPRESENTATIVES, AND DISTRIBUTORS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF HEALIFY, AND ITS SUPPLIERS OR DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THESE SERVICES (OR, IF WE CHOOSE, SUPPLYING THE SERVICES AGAIN). IN ALL CASES, HEALIFY, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

14. Business Uses of our Platform

If you are using our Platform on behalf of a business, that business accepts these Terms. Your business agrees to hold harmless and indemnify Healify and its affiliates, officers, agents, independent contractors, members and employees from any claim, suit or action arising from or related to the use of the Platform or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

15. General Indemnity

You agree to indemnify us and our affiliates, officers, members, agents, representatives, independent contractors and employees from any claim, suit or action arising from or related to the use of the Platform, violation of these terms, or acts or omissions by you, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees.

16. General Terms

  • If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
  • These terms control the relationship between Healify and you and make up the entire understanding and agreement about the Platform between you and Healify.
  • These Terms do not create any third-party beneficiary rights.
  • If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).
  • If it turns out that a particular term is not enforceable in a court of law or other legal proceeding, you and we agree that the remaining terms stay in force and effect.
  • The laws of California, U.S.A., excluding California's conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Platform. All claims arising out of or relating to these terms or the Platform will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA, and you and Healify consent to personal jurisdiction in those courts.
  • You understand and agree that these Terms have the same force and effect as a contract signed on paper by you and us. By electronically signing these Terms, you are agreeing to conduct transactions electronically, and intend for your electronic signature to be a binding electronic signature/contractual obligation on yourself and those you are authorized to represent. Further, you understand and acknowledge that you are digitally receiving a copy of these Terms concurrently upon execution. You may print and/or retain a copy of these Terms.

Support & Updates

To contact Healify, email us at support@healify.org.
This document was last updated: 03 May 2021