Last Updated: February 4, 2021
By clicking "I Accept" or by accessing or using our Services or creating an Account, you agree to Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver set forth herein, you may not access or use the Services.
- The Services are not intended to provide instructions in the event of an emergency. If you believe your symptom or situation is urgent or life-threatening, call 911 or your local emergency medical system immediately.
- Application of or reliance on any of the content, techniques, ideas, or suggestions accessed through the Services is at your sole discretion and risk.
- Do not delay or forgo seeking medical care from a health care provider if you have questions, concerns, or symptoms related to health topics or information that may be presented or referenced on the Services.
- We do not recommend or endorse any specific drugs, tests, Providers, products, procedures, opinions, “off-label” drug uses, or any other information that may be provided through Services.
- Nature of Services.
The Services enable you to (1) receive health and wellness-related information and education from clinical associates who are not U.S. licensed healthcare providers (“Health Coaching”), and/or (2) communicate with healthcare providers who are licensed in one or more U.S. states via virtual care consultations (“Telemedicine Consultations”) (collectively, the “Care Services”). The clinical associates and healthcare providers who are delivering the Care Services shall be collectively referred to herein as “Providers.” The Care Services are intended to allow you to ask Providers questions regarding non-emergency health-related issues.
Certain features of the Services may be subject to additional terms and conditions (“Additional Terms”). We may present Additional Terms to you when you activate or use a feature to which Additional Terms apply (either in the form of disclaimers or notices, or a separate document), and your use of any feature constitutes your acceptance of these Additional Terms before using such feature. For example, Additional Terms apply to the Care Services, as set forth below. Unless otherwise stated in the Additional Terms, all Additional Terms are incorporated into these Terms. If you do not agree with the Additional Terms, you will not have access to the feature to which they relate. These Terms and Additional Terms apply equally. If any Additional Term is inconsistent with any provision of these Terms, the Additional Term will prevail only for the feature(s) to which that Additional Term applies.
- Eligibility to Use the Services.
To use the Services, you must be at least 18 years old.
Specifically, to be eligible to use the Services you must meet the following criteria and, by agreeing to these Terms, represent and warrant that you: (a) are 18 years of age or older; (b) are a legal resident of the United States; (c) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services; (d) will only maintain one Account at any given time; (e) have full power and legal authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party, and will comply with these Terms at all times; and (f) agree to use your first name and your email address when registering (although you may use a fictitious name or initials after registration when using the Services).
If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity's behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms
- Accounts, Account Security and Communication Preferences.
You may need to register for a user account ("Account") to access some or all of our Services. It is your responsibility to prevent disclosure of your username and password, and to change your password if you feel that its security has been compromised. You may change your password at any time. We shall not be liable or responsible for any damages that result from your failure to keep your username and/or password secure. You are responsible for all activity in your Account. If you permit others to use your Account credentials, you are responsible for the activities of such users that occur in connection with your Account
As part of activating your Account, you are required to provide us with a valid email address and to update this address if you change your email account. By creating an Account, you also consent to receive electronic communications from Curai Health (e.g., via email, text message, or by posting notices to the Services). These communications may include operational notices about your Account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
- Additional Terms
Dial 911 in the event of a medical emergency. The Services are not intended to provide instructions or help in the event of an emergency. If you believe your condition or situation is life-threatening, please call 911 or your emergency medical system immediately. Do not rely on or attempt to use the Services for any urgent medical needs.
The Care Services are delivered virtually (as opposed to in-person), which may limit the scope and nature of the assistance provided to you. You hereby acknowledge these limitations and agree to proceed with the Care Services. You understand that the Care Services will be provided to you at the sole discretion of the Provider who is interacting with you, with no guarantee of diagnosis, treatment, or prescription
Health Coaching Services: First Opinion Health Services, Inc. has contracted with Providers who are not licensed healthcare professionals to act as clinical associates to enable the delivery of educational and information services. You acknowledge and understand that the Providers delivering health coaching services are not licensed healthcare providers, may be located outside of the U.S. and English may be a second language. Health Coaching is not intended to diagnose, treat, prevent or cure any disease or condition. It is not intended to substitute for the advice, treatment and/or diagnosis of a qualified licensed professional. Providers acting in this role may not make any medical diagnoses, claims and/or substitute for your personal physician’s care, and will not provide a second opinion or in any way attempt to alter the treatment plans or therapeutic goals/recommendations of your personal physician. It is the role of the Provider to partner with you to provide ongoing support and accountability as you create an action plan to meet and maintain your health goals.
Telemedicine Consultation Services: First Opinion Health Services, Inc. and other professional entities have contracted with licensed physicians, nurses or other healthcare professionals to provide Telemedicine Consultations. You acknowledge and agree that not every condition is appropriate for treatment via telemedicine. The Provider will determine whether or not the condition being diagnosed and/or treated is appropriate for a telemedicine encounter. The Providers delivering Telemedicine Consultations are not acting as employees or contractors of Curai Health, Inc. nor Curai, Inc., as neither entity provides, nor is it responsible, for any healthcare services that are provided to you. Telemedicine Consultations are not available in every state, nor are they available at all times, and we reserve the right to limit participation in Telemedicine Consultations due to our staffing constraints or any other reason.
As with any service, there are potential risks associated with the use of telemedicine or other forms of telehealth services, which may include, without limitation, the following: (a) Delays in medical evaluation and consultation or treatment may occur due to deficiencies or failures of the telehealth technology, or miscommunications between you and the Provider; (b) Security protocols could fail, causing a breach of privacy of personal medical information; and (c) Lack of access to your medical records or other information or ability to perform an in-person examination, which could result in negative health outcomes (e.g., adverse drug interactions or allergic reactions).
You certify that you are physically located in the state you select in the Services as your current location at the time of your receipt of the Care Services. Your ability to access and use the Care Services is conditioned on the truthfulness of this certification. The Providers that you access through the Service rely upon this certification in order to interact with you. If your certification is inaccurate, you agree to indemnify us and the Providers with whom you interact from any resulting losses, damages, costs, or expenses. If you see a Provider who is a physician while you are located in California, please be advised that medical doctors are licensed and regulated by the Medical Board of California (800-633-2322; www.mbc.ca.gov).
Payment for Services: By providing a credit card or other payment method accepted by us (“Payment Method”), you are expressly agreeing that we are (or our service provider is) authorized to charge to the Payment Method for the total amount of the fees associated with your use of the Service, together with any applicable taxes (collectively, as applicable, a “Purchase”). If the Payment Method cannot be verified, is invalid or is otherwise not acceptable, your Purchase may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Purchase. If a payment is not successfully settled and you do not edit your Payment Method information or cancel your Purchase or account, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated.
WHEN YOU REGISTER FOR A MONTHLY SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) CURAI HEALTH (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A MONTHLY BASIS FOR YOUR SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SERVICES IN ACCORDANCE WITH THESE TERMS. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY MANAGING YOUR SUBSCRIPTION IN YOUR ACCOUNT SETTINGS.
From time to time, to the extent legally permitted, we may offer free trials of certain subscriptions for specified periods of time without payment. If we offer you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial or at registration. Free trials are limited to one (1) per household.
ONCE YOUR FREE TRIAL ENDS, WE (OR OUR THIRD-PARTY PAYMENT PROCESSOR) WILL BEGIN BILLING YOUR DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR YOUR SUBSCRIPTION (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF YOUR FREE TRIAL. INSTRUCTIONS FOR CANCELING YOUR SUBSCRIPTION ARE DESCRIBED ABOVE. PLEASE NOTE THAT YOU WILL NOT RECEIVE A NOTICE FROM US THAT YOUR FREE TRIAL HAS ENDED OR THAT THE PAID PORTION OF YOUR SUBSCRIPTION HAS BEGUN. WE RESERVE THE RIGHT TO MODIFY OR TERMINATE FREE TRIALS AT ANY TIME, WITHOUT NOTICE AND IN OUR SOLE DISCRETION.
You agree that authorizations to charge your Payment Method remains in effect until you cancel it in writing, and you agree to notify us of any changes to your Payment Method. You represent and warrant that you are authorized to use the Payment Method and will not dispute charges for the Service that correspond to consultation fees or the co-payment required by your health plan. You acknowledge that the origination of Automated Clearing House (“ACH”) transactions to your account must comply with applicable provisions of U.S. law. In the case of an ACH transaction rejected for insufficient funds, we may at our discretion attempt to process the charge again at any time within 30 days.
We will collect applicable sales tax on services for which we determine we have a duty to collect sales tax. If a service is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
You acknowledge and agree that fees for consultations may increase at any time.
Consent: By clicking “I accept” or by accessing or using the Service, you acknowledge and accept the risks identified above and the terms associated with the receipt of Care Services and you give your informed consent to receive such services under the Terms and the Additional Terms.
- Reservation of Rights.
We may modify, suspend, or discontinue any aspect of the Services at any time without prior notice. You agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuance of any feature or component of the Services. In addition, we reserve the right, at any time and for any reason, with or without notice, and without liability to you or any other user, to: (a) restrict, limit, suspend or terminate your and/or any other user's access to the Services; (b) monitor any user's use of the Services to verify compliance with these Terms and/or any applicable law; (c) investigate any suspected or alleged misuse of the Services and cooperate with law enforcement and/or third-parties in such investigation; and (d) disclose information about any user's use of the Services in connection with law enforcement investigation of alleged illegal activity, or in response to a lawful court order or subpoena.
- Proprietary Rights.
We grant you a limited right to use the Services for your personal use. All original content, materials, features and functionality (including, without limitation, text, information, images, photos, graphics, artworks, logos, videos, audios, directories, listings, databases, and search engines) (the “Content”) are owned by Curai Health and/or its licensors and may be protected by U.S. and foreign copyright, trademark and other intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable right and license to access and use the Services and Content solely for your personal, non-commercial use; provided, however, that such license does not include any right to (a) sell, resell our Services and the Content; (b) copy, reproduce, distribute, publicly perform or publicly display Content, except as expressly permitted by us or our licensors; (c) modify the Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services and the Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services and the Content other than for their intended purposes. Except for this limited licenses granted to you, we reserve all other rights. This license may be revoked and terminated by us at any time and for any reason. Any unauthorized use, reproduction or distribution of the Services or Content is strictly prohibited and may result in termination of the license granted herein, as well as civil and/or criminal penalties
All trademarks, trade names and logos appearing on or through the Services are owned by us or licensed by us. The “Curai Health” name and logo and all other Curai Health names, marks, logos and other identifiers are trademarks and service marks of Curai Health. Names, marks, logos and other identifiers of third parties, including third party health care providers, are trademarks and service marks of their respective owners. You may not use or display any Curai Health trademarks, trade names, or logos without our prior written permission. We reserve all rights
If you choose to provide us with any comments, suggestions, ideas or other feedback (“User Feedback”), you agree that we have an unrestricted right to use it, and you are not entitled to receive any compensation.
- User Supplied Material.
Our Services may allow you to share messages, text, photos and other materials (collectively, "User Content") with your Providers. Except for the license you grant below, as between you and Curai Health, you retain all rights in and to your User Content. You hereby grant Curai Health a nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content in all media formats and channels now known or later developed without compensation to you.
If you supply or transmit any User Content via the Services, you represent and warrant to us that you have the legal right necessary to grant us the license described above, and that such material will not violate any law or the rights of any person or entity (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity). Any User Content sent privately is the sole responsibility of the person that submitted it. Although Curai Health reserves the right to review or remove all User Content on the Services, we do not necessarily review all of it. As such, we do not take responsibility for any User Content provided through the Services.
- Appropriate Use of the Services.
You agree to use the Services in accordance with all applicable local, state, national and foreign laws, treaties and regulations. You will not violate any contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. In addition, without limitation, you will not, directly or indirectly, do any of the following while using or accessing the Services:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user’s Account without authorization from that user and Curai Health;
- Copy, reproduce, sell, rent, lease, distribute, transfer, modify or make derivative works from the Services or any Content;
- Remove, alter or tamper with any copyright, trademark or other proprietary rights or legal notices contained in any Content obtained from the Services;
- Decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive any proprietary software code or information associated with the Services;
- Use the Services in any manner that could interfere in any way with the operation of the Services or any server, network or system associated with the Services, including, without limitation, by: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of the Services or any server, network or system associated with the Services; breaching or circumventing firewall, encryption, security or authentication routines; accessing data not intended for you;
- Use any automated program, tool or process (including, without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access the Services or any server, network or system associated with the Services, or to extract, collect, harvest or gather content or information from the Services;
- Frame or otherwise create a browser or border environment around any page or content of the Services, or deep-link to any internal page or area of the Services; or
- Make any other use of the Services that violates these Terms or any applicable law.
- Links to Third Party Sites.
To the fullest extent permitted by applicable law, you release Curai Health and our owners, subsidiaries, affiliated companies, employees, shareholders, or directors (collectively, the “Curai Health Parties”) from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” You also waive any rights you may have under any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You agree to indemnify, defend and hold harmless the Curai Health Parties from and against any and all damages, liabilities, fines, penalties, losses, expenses, fees, and costs (including without limitation reasonable attorneys’ fees and costs) related to all claims, causes of action, charges, and investigations, arising out of or relating to: (a) your access to, or misuse of the Services, or the Content; (b) any User Content and/or User Feedback you submit or transmit; (c) your violation of any of these Terms; (d) any activity related to your registration by you or any other person accessing the Services through your Account, including, without limitation, negligent or wrongful conduct; (e) your conduct in connection with our Services and/or (f) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.
Curai Health reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
- Disclaimer of Warranties.
You expressly agree that use of the Services and Content is at your sole risk. The Services are provided on an “as is” and “as available” basis. Curai Health expressly disclaims all warranties of any kind, whether express or implied, any warranties of merchantability, fitness for a particular use or purpose, non-infringement, title, operability, condition, quiet enjoyment, value, and accuracy of data. Curai Health makes no warranty that the Services or Content will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor does Curai Health make any warranty as to the results that may be obtained from the use of the Services or Content, or that defects in the Services or Content will be corrected, or that any information obtained through or in connection with the Services or Content will be accurate or complete. You understand and agree that any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or information. No advice or information, whether oral or written, obtained by you from Curai Health or through the Services or Content will create any warranty not expressly made herein.
The Services and Content are not intended to provide a substitute for your own sound and reasonably prudent judgment, and are not intended to be for diagnosis or treatment. Persons using the Services and Content assume full responsibility for the use of the Services, Content, materials and other information provided, and agree that Curai Health is not responsible or liable for any claim, loss, or damage arising from their use. Your reliance on the Services and Content obtained or used by you is solely at your own risk except as provided by law.
Some states may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. But, to the extent permitted by applicable law, we exclude all warranties.
- Limitation of Liability.
You understand that, to the extent permitted under applicable law, in no event will the Curai Health Parties be liable to you for any direct, indirect, incidental, special, punitive, consequential or exemplary damages, including, without limitation, damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of the Services or any Content, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. To the fullest extent permitted by applicable law, in no event shall the maximum aggregate liability of the Curai Health Parties (jointly) arising out of or in any way related to access or use of the Services or Content, exceed the greater of $100 or the amount you paid to us in the one (1) month period immediately preceding the date on which your claim arose.
You further agree that the limitations of liability set forth above will survive any termination or expiration of these Terms and will apply even if any limited remedy specified herein is found to have failed its essential purpose. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, and as a result some of the above disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under applicable law.
- Mutual Rights of Termination.
You may terminate these Terms, for any or no reason, at any time, upon notice to Curai Health. Curai Health may terminate or suspend your use of the Services, your account, and/or your registration without notice, for any or no reason, and at any time. You understand that termination of your agreement with Curai Health and your account will not entitle you to any refund and may involve deletion of your information and any content you uploaded using such Account. You agree that we will not be liable to you or any other party for any termination of your access to the Services or deletion of your Account or Content uploaded by you.
- Dispute Resolution; Arbitration.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Curai Health and limits the manner in which you can seek relief from us, including a class action waiver. This Section 16 applies to all Disputes (unless excluded under Section 16.1) between you and the Curai Health Parties.
16.1 Binding Arbitration.
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Curai Health agree (a) to waive your and Curai Health’s respective rights to have any and all Disputes arising from or related to these Terms, or the Services or Content, resolved in a court, and (b) to waive your and Curai Health’s respective rights to a jury trial. Instead, you and Curai Health agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
16.2. No Class Arbitrations, Class Actions or Representative Actions.
You and Curai Health agree that any Dispute arising out of or related to these Terms, the Services or Content is personal to you and Curai Health and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Curai Health agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Curai Health agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
16.3. Federal Arbitration Act.
You and Curai Health agree that these Terms affect interstate commerce and that the enforceability of this Section 16 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
16.4. Notice; Informal Dispute Resolution.
You and Curai Health agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Curai Health shall be sent by certified mail or courier to Attn: Legal Dept, Curai, Inc., 2443 Fillmore St. #380-15799, San Francisco, CA 94114. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with Section 4 and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and Curai Health cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Curai Health may, as appropriate and in accordance with this Section 16, commence an arbitration proceeding or, to the extent specifically provided for in Section 16.1, file a claim in court.
Except for Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Curai Health agree that any Dispute must be commenced or filed by you or Curai Health within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that you and Curai Health will no longer have the right to assert such claim regarding the Dispute). You and Curai Health agree that (a) any arbitration will occur (i) in the State of California, County of Santa Clara, (ii) in the county where you reside, or (iii) telephonically, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the American Arbitration Association’s (“AAA”) Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth herein (“AAA Rules”), which are hereby incorporated by reference, and (c) that the seat of the arbitration shall be San Francisco, California and that state or federal courts of the State of California and the United States, respectively, sitting in the State of California, County of Santa Clara, have exclusive jurisdiction over any litigation in aid of arbitration and the enforcement of any arbitration awards.
The parties shall attempt to agree on the single arbitrator to be appointed to resolve the dispute. If the parties are unable to reach agreement within 30 days after commencement of the arbitration with the AAA, the arbitrator selection process identified in the AAA Consumer Arbitration Rules shall apply. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court. Each party shall be responsible for its costs incurred in such arbitration, but the arbitrator shall not have the authority to re-allocate those costs in an award or otherwise. If you cannot afford to pay for the arbitration, you agree to provide us the option of paying the arbitrator before seeking to initiate any other form of dispute resolution, including litigation. As part of the arbitration, both you and Curai Health will have the opportunity to reasonable discovery of non-privileged information that is relevant and material to the Dispute, including the ability to request from each other, and third parties, documents, information and testimony that is relevant and material to the Dispute.
16.6. Authority of Arbitrator.
As limited by the FAA, these Terms and the applicable AAA Rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
16.7. AAA Rules.
The AAA Rules and additional information about the AAA are available on the AAA website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the AAA Rules, or (b) waive your opportunity to read the AAA Rules and any claim that the AAA Rules are unfair or should not apply for any reason.
If any term, clause or provision of this Section 16 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 16 will remain valid and enforceable. Further, the waivers set forth in Section 16.2 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
16.9. Opt-Out Right.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 16 by writing to: Attn: Legal Dept, Curai, Inc., 2443 Fillmore St. #380-15799, San Francisco, CA 94114. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 17.
- Applicable Law; Venue.
These Terms, and your access to and use of the Services shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved on an individual basis in the state or federal courts of the State of California and the United States, respectively, sitting in the State of California, County of Santa Clara.
- International Users.
- Changes to these Terms.
We reserve the right to change our Terms at any time. Any changes that we make will become a part of our agreement with you when they are posted to our Digital Services. Your continued use of our Digital Services will constitute your agreement to the changes we have made. If we make material changes, we will post the amended Terms to our Digital Services, and update the “Last Updated” date above. We may also notify you by sending an email notification to the address associated with your Account or providing notice through our Digital Services. Revisions are effective and binding when posted on the Digital Services. The last date these Terms were revised is set forth at the top of these Terms.
- Apple Device Additional Terms.
If you access an App via a mobile device or tablet branded by Apple, Inc. (“Apple”) and running Apple’s iOS (an “Apple Device”), the following terms (“Apple Terms”) are hereby made part of these Terms:
If these Apple Terms conflict with any other provision of these Terms, then the Apple Terms control with respect to access and use of the Digital Services via an Apple Device. Apple is not a party to these Terms and does not own and is not responsible for any App you access via your Apple Device (“iOS App”) and the content thereof. The Apple App Store Terms of Service (the “App Store Terms of Service”) control to the extent of any conflict with these Terms with respect to an iOS App. The license granted to use an iOS App is limited to a non-transferable license to use the App on an Apple Device that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to any iOS App. In the event of any failure of the iOS App to conform to any applicable warranty provided by Curai Health in these Terms, you may notify Apple and Apple will refund the purchase price for the iOS App (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App and will not be responsible for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. Apple is not responsible for addressing your or any third-party claims relating to an iOS App and/or use of an iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that an iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. It is not the intent of these Terms to limit Curai Health’s liability beyond what is permitted by applicable law. In the event of any third party claim that an iOS App or your possession and use (in accordance with these Terms) of an iOS App infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. In addition to the requirements of Section 3, 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. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms with respect to any iOS App, and that, upon your acceptance of these Terms, Apple has the right (and deemed to have accepted the right) to enforce the Terms against you with respect to the iOS App as a third-party beneficiary thereof. Please direct any questions, complaints or claims with respect to an iOS App to Curai Health at the contact information provided below.
If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid, the parties nevertheless agree that the court should endeavor to give the effect to the parties’ intentions as reflected in the provision, and that the other provisions of these Terms remain in full force and effect.
The following sections will survive the expiration or termination of these Terms and the termination of your Account: all defined terms and Sections 2 through 9, and 12 through 24.
These Terms, and any other terms and policies incorporated herein, constitute the entire agreement between you and Curai Health relating to your access to and use of the Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Curai Health. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Curai Health’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
- Contact Us.
Please contact us at https://support.curaihealth.com with any questions regarding these Terms.
Effective Date: February 25, 2021
Collection of Information
Information You Provide
We collect information you provide directly to us. For example, we collect information when you register for an account, participate in any interactive features of the Services, subscribe to a newsletter or email list, participate in a survey, contest, promotion or event, request customer support or otherwise communicate with us.
The types of information we may collect from you include:
- Account Information When you register for an account on the Services, you will need to provide us with certain personal information to complete the registration, including information that can be used to contact or identify you, which may include your name, email address, username, password, and phone number. We also collect other information you provide as part of registration process and the administration and personalization of your user experience, including demographic information such as your gender, age, and zip code. We may combine this information with the personal information we collect from you.
- Health Information We may collect health information provided by you or generated through your use of the Services. This includes details of your informational exchanges with participating health care providers and their responses, suggestions, and guidance, and interactions with our digital services. We may also hold the information that you have consented to share about you and your health where you have chosen to link other apps, devices, or services—such as the Apple HealthKit, fitness trackers, or other health-appliances—to our Services.
- Transaction Information We may collect and store information about the products you purchase and shipping and billing information. We may also collect limited payment information from you, such as payment method and payment card information; however, we do not store full payment card numbers and our third party payment processor processes all transactions.
Information We Collect Automatically
When you access or use the Services, the types of information we may automatically collect about you include:
- Usage Information: We collect information about your usage of, and interaction with the Services. For example, we may collect information about how you communicate with health care providers while using the Services, including the content you share, and the metadata that is provided with the content.
- Mobile Device Information: We collect information about the mobile device you use to access or use the Services, including the hardware model, operating system and version, mobile network information and information about your use of our mobile applications. With your consent, we may access and collect information from certain native applications on your device (such as your device’s camera, photo album and phonebook applications) to facilitate your use of certain features of the Services. For more information about how you can control the collection of location information and/or our access to other applications on your device, please see “Your Choices” below.
- Location Information. With your permission, we may also collect information about the precise location of your device using methods that may include GPS, wireless networks, cell towers, and Wi-Fi access points. For more information about how you can control the collection of location information and/or our access to other applications on your device, please see “Your Choices” below.
- Log Information: When you access or use the Services, our servers automatically record certain log file information, such as your Internet Protocol (“IP”) address, operating system, browser type and language, referring URLs, access times, pages viewed, links clicked and other information about your activities on the Services.
- Information Collected by Cookies: We and our service providers use various tracking technologies, including cookies, to collect information about you when you interact with our Website, including information about your browsing and purchasing behavior. Cookies are small data files stored on your hard drive or in device memory that help us improve the Services and your experience, see which areas and features of the Services are popular, and count visits. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of the Website.
Information We Collect From Third Parties
We may receive information other people provide us, which may include information about you, for example, we may receive notes from Providers regarding their interaction with you during a Telemedicine Consultation.
Use of Information
We may use your information for various purposes related to our operations and your use of the Services. For example, Curai Health may use your information to:
- Provide, maintain and improve our Services and provide you with relevant information;
- Send you technical notices, updates, security alerts and support and administrative messages;
- Respond to your comments, questions and requests and provide customer service;
- Monitor and analyze trends, usage and activities in connection with our Services;
- Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of Curai Health and others;
- Communicate with you about products, services, offers, promotions, rewards, events, and research study and user feedback opportunities offered by us and others, and provide news and information we think will be of interest to you;
- Maintain appropriate records for internal administrative purposes;
- Link or combine with information we get from others to help understand your needs and provide you with a better experience; and
- Carry out any other purpose described to you at the time the information was collected.
Sharing of Information
- With vendors, consultants and other service providers who need access to such information to carry out work or perform the Services on our behalf;
- With third party businesses to provide you with information about products and services that may be useful to you;
- In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, rule, regulation or legal process;
- In connection with, or during negotiations of, any merger, acquisition, sale of assets or any business, other change of control transaction or financing;
- Between and among Curai Health and any current or future parent, subsidiary and/or affiliated company; and
- With your consent or at your direction.
We also may share aggregated or de-identified information, which cannot reasonably be used to identify you.
How We Respond to “Do Not Track” Signals
Some web browsers have “Do Not Track” or similar features that allow you to tell each website you visit that you do not want your activities on that website tracked. At present, the Services do not respond to “Do Not Track” signals and consequently, the Services will continue to collect information about you even if your browser’s “Do Not Track” feature is activated.
Curai Health takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to or from us over the Internet. In particular, email sent to or from the Website may not be secure, and you should therefore take special care in deciding what information you send to us via email.
Reviewing, Correcting, and Deleting Your Personal Information
You may access, correct, and/or request deletion of certain information that you have provided to us by contacting us through the Services, or by emailing us at email@example.com. If you email us, for your protection, we may only implement requests with respect to the information associated with the particular email address you use to send us your request, and we may need to verify your identity before implementing your request. We will attempt to comply with any reasonable requests for accessing, correcting, or deleting your information.
With your consent, we may collect information about your actual location when you use our mobile applications. You may stop the collection of this information at any time by changing the settings on your mobile device, but note that some features of our mobile applications may no longer function if you do so.
Native Applications on Mobile Device
Some features of our mobile applications may require access to certain native applications on your mobile device, such as the camera, photo album and the address book applications. If you decide to use these features, we will ask you for your consent prior to accessing the applications and collecting associated information. Note that you can revoke your consent at any time by changing the settings on your device.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of the Services.
With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device or within our mobile applications.
Children’s Privacy/Notice for Minors
We take seriously our obligations under applicable laws concerning the collection of information from children under 13. Our services are neither intended for nor directed at children under 13. If you believe a child under 13 has provided us with Personal Information, please contact us at firstname.lastname@example.org.
Additionally, if you are a California resident under 18 years old and a registered user, you can request that we remove content or information that you have posted to our website or other online services. If you would like to request removal of content or information, please contact us at email@example.com. Please note that the removal of content may not ensure complete or comprehensive removal of that content or information posted through the services.
Questions or Comments
Privacy Administrator, Curai Health
2443 Fillmore St. #380-15799, San Francisco, CA 94114
TELEHEALTH INFORMED CONSENT
Effective Date: September 15, 2021
First Opinion Health Services (FL) PLLC, First Opinion Health Services (IL), P.C., NY Medicine/Telemedicine, PLLC, First Opinion Health Services (NC), PLLC, First Opinion Health Services, Inc., First Opinion Health Services (TX), PLLC, First Opinion Health Services (GA), LLC, First Opinion Health Services NJ, LLC (“Curai Health”), its affiliated health care providers, or other members of your care team, including coaches (each, a “Provider”), may arrange for you to connect with Providers and/or provide you with professional services using asynchronous and/or synchronous telehealth technologies (“Telehealth Technology”). If you have questions about use of the Telehealth Technology itself and whether it is appropriate for your condition, the risks associated with using the Telehealth Technology, or the Provider’s credentials and professional background, please ask your Provider. In exchange for your use of the Telehealth Technology to receive care, you acknowledge and agree to the following terms and conditions of this informed consent (this "Consent"):
- Use of Telehealth Technology. You understand and agree that:
- There are many benefits, but also risks associated with receiving care via Telehealth Technology. Benefits include convenience, increased access, and the ability to receive care in your home. Risks are outlined in Section 2 below.
- The Provider will decide, in his or her sole discretion, whether it is appropriate to treat your condition using the Telehealth Technology. The Provider may request that you halt receiving care via Telehealth Technology and instead receive in-person care if the Provider deems appropriate.
- Services provided through Telehealth Technology may include behavioral health services, including tele-psychiatry, and you expressly agree to receive such services through Telehealth Technology.
- If you are a parent or legal guardian of a minor that is seeking to receive mental health treatment through Telehealth Technology, you agree that (1) you are providing this Consent on behalf of your minor child, and (2) you will verify your identity before any services are delivered to your minor child.
- Services provided through Telehealth Technology may involve electronic communication of your personal medical information to Providers that may be located in other areas, including out of state.
- Your Provider will protect the privacy and security of any personal medical information transmitted through Telehealth Technology in accordance with federal, state, and other applicable law.
- You have the right to request copies of your medical records, which may be provided electronically or in hard copy format at reasonable cost of preparation, shipping and delivery.
- The anticipated response time for electronic communications submitted through the Telehealth Technology varies and you accept any risk associated with the response time, including a delay in obtaining medical care.
- No warranty or guarantee has been made to you concerning any particular result related to your condition or diagnosis.
- Risks Associated with Use of Telehealth Technology. You understand that use of the Telehealth Technology has risks associated with it, such as (1) information that you transmit through the Telehealth Technology may be insufficient to allow for appropriate decision-making by the Provider; (2) failures of equipment (e.g., servers, devices) or infrastructure (e.g., communications lines, power supply, software failures) may cause interruptions and delays in the provision of care and treatment, or loss of information; and (3) in rare events, security protocols could fail, causing unauthorized access to your health information. You acknowledge that, although Curai Health and its telehealth technology vendor strive to prevent unauthorized access to information about you through encryption of information transmitted by the Telehealth Technology and other security measures, Curai Health and its vendor cannot guarantee that your use of the Telehealth Technology and the information will be private or secure, and you consent to this risk. ** You understand and consent to the risks associated with your use of the Telehealth Technology.**
- Accuracy of Information Submitted to the Provider.** **You acknowledge and agree that you are solely responsible for ensuring that the information submitted by you through the Telehealth Technology is accurate, complete and current at all times when you use the Telehealth Technology. You understand that the Provider will rely on this information to provide services to you.
- Release and Waiver. You acknowledge and agree to limit, disclaim, and release Curai Health from liability in connection with the use of Telehealth Technology.
- Expenses. You understand and agree that you may be responsible for the cost of certain professional fees associated with your use of the Telehealth Technology and the cost of any medications or supplies prescribed by the Provider, if applicable.
- Other Legal Terms. This Consent cannot be amended by Curai Health except in writing and with your consent. If any provision is or becomes unenforceable or invalid, the other provisions will continue with the same effect.
- Right to Revoke. You have the right to withhold or withdraw your consent to the use of Telehealth Technologies in the course of your care at any time, without affecting your right to future care or treatment. You may suspend or terminate access to the services at any time for any reason or for no reason in accordance with this Section 7. You understand that you can revoke this Consent by sending written notice using electronic mail to Curai Health at: support.curaihealth.com (“Revocation”). You agree that your Revocation must contain your name and your address. You also understand that your Revocation means that you are not permitted to receive care using Telehealth Technology. Your Revocation will be effective upon Curai Health’s receipt of your written notice,** except that your Revocation will not have any effect on any action taken by the Provider **in reliance on this Consent before Curai Health received your written notice of Revocation.
Data Usage and Sharing Policy
Last Updated: March 9, 2021
- Consent to Use and Disclosure of Health Information. I hereby permit and provide my express consent for [Curai] or third parties who work on behalf of [Curai] to use, disclose, and/or release my health information, including, without limitation, Highly Confidential Information (which is defined below), for purposes of treatment, payment, health care operations, or other permitted purposes described below, to the fullest extent permitted by applicable law. “Highly Confidential Information” means information about (a) substance use disorder treatment, (b) genetic information or test results, (c) mental health or illness or developmental or intellectual disability, (d) psychiatric treatment, (e) HIV/AIDS testing or treatment or status, (f) communicable or blood borne diseases, (g) sexually transmitted diseases, (h) child or domestic abuse and neglect, (i) abuse of an adult with a disability, (j) sexual assault, (k) maternity records (including medical records of new mothers and newborns), (l) infertility or fertility assistance, IVF, or artificial insemination, and (m) any other type of information that is given special privacy protection under state or federal laws. [Curai] may release my health information to any person or entity liable for payment on my behalf in order to verify coverage or payment questions, or for any other purpose related to benefit payment. [[Curai] may also release my health information to my employer’s designee when the services delivered are related to a claim under worker’s compensation.]
- Consent/Release to Disclose HIV/AIDS-Related Information. Without limiting anything set forth in Section 1, I hereby authorize [Curai] to disclose any HIV/AIDS-related testing, test results, status, diagnoses, or treatment information (including if an HIV test was ordered, performed, or reported, regardless of the results) (a) to [insert the names of any specific Business Associates that are anticipated to receive such information, perhaps in connection with the app platform itself (e.g., a cloud provider of the platform)], [to facilitate my use of the app], for case management and care coordination purposes, and for payment and health care operations purposes, and (b) to my health plan for payment and health care operations purposes.
I understand that I may revoke this consent at any time except to the extent that [Curai] has taken action in reliance on this consent. Unless I revoke my consent earlier, this consent will expire automatically when my participation in the app has ended.
AUTO RENEWAL POLICY
Last Updated: February 4, 2021
Before the end of each monthly subscription term, Curai will automatically renew your subscription on a monthly basis (until you cancel) by charging your payment method on file the subscription price in effect at the time of renewal. Curai will email you a receipt after processing each payment, and will obtain your consent prior to any pricing change. Please cancel in account settings if you want to cancel your subscription.
From time to time, to the extent legally permitted, we may offer free trials of certain subscriptions for specified periods of time without payment. If we offer you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial or at registration. Free trials are limited to one (1) per household. Once your free trial ends, we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis for your subscription (plus any applicable taxes and other charges) for as long as your subscription continues, unless you cancel your subscription prior to the end of your free trial. Instructions for canceling your subscription are described above. Please note that you will not receive a notice from us that your free trial has ended or that the paid portion of your subscription has begun. We reserve the right to modify or terminate free trials at any time, without notice and in our sole discretion.