Terms of service agreement

These terms of use (“Terms of Use”) constitute a legal agreement between you and Remedly, Inc. (and its successors, parents, subsidiaries, affiliates and related companies or other companies under a common control that we may have now or in the future operate (“Remedly,” “we,” “our” or “us”). As used in these Terms of Use, the words “you” and “your” refer to you, the user of Remedly’s website, device or applications, as the party agreeing to these Terms of Use. The term “Site” includes all websites and all devices or applications that we operate that link to these Terms of Use, pages within each such website, device or application, any equivalent, mirror, replacement, substitute or backup website, device or application and pages that are associated with each such website, device or application. The use of the word “including” in these Terms of Use to refer to specific examples will be construed to mean “including, without limitation” or “including but not limited to” and will not be construed to mean that the examples given are an exclusive list of the topics covered. These Terms of Use apply to the Site and the services we offer on the Site (together with the Site, the “Service”).

BY REGISTERING FOR THE SERVICE, YOU ARE ACCEPTING ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, WHICH GOVERN YOUR USE OF THE SERVICE. YOU AGREE THAT THESE TERMS OF USE ARE ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT REGISTER FOR THE SERVICE. YOU WILL NOT BE GIVEN ACCESS TO THE SERVICE UNLESS YOU ACCEPT THESE TERMS OF USE.

The following is a brief summary of these Terms of Use:

These Terms of Use describe your rights and responsibilities in connection with your use of the Service.
As between Remedly and you, you own any content you post to the Service.
We will only use your content to the extent necessary to provide you with the Service.
Protecting your content is very important to us. We endeavor to keep your content secure against unauthorized access and disclosure using a variety of authentication and security processes and procedures.

1. Acceptance of Terms

By using or accessing any part of the Service or selecting the applicable “I agree” button, checkbox or other similar indication during the registration process or during a subsequent presentation of a revised version of these Terms of Use, you signify your agreement with these Terms of Use and all other policies or notices posted by us on the Site.If you don’t agree to these Terms of Use, don’t use the Service. You agree that your use of the Service will always be subject to the most current version of these Terms of Use at the time of such use. It is your responsibility to review these Terms of Use from time to time for any changes. If you use the Service after we have changed any of the Terms of Use, you are agreeing to all of the changes. Again, if you do not agree, do not use the Service.You may not use the Service and you may not accept these Terms of Use if you are not at least 18 years of age and, in any event, of a legal age to form a binding contract with Remedly. If you accept these Terms of Use, you represent that you have the capacity to be bound by them, and we suggest you print or save a local copy of these Terms of Use for your records.Depending on your activities when visiting the Site or using the Service, you may be required to agree to additional terms and conditions as indicated on the Site or via the Service.

2. Privacy and Security

In addition to these Terms of Use, Remedly has established a Privacy Policy to explain how we collect and use information about you. You can review the Privacy Policy at https://www.remedly.com/privacy. The Privacy Policy is incorporated by reference into these Terms of Use.

3. Services Offered

(a) If you are a Patient: Remedly provides an online consultation service wherein you (“Patient”), or another representative, on your behalf and with your consent, submits your applicable medical records via the Site and Remedly connects your information with your healthcare provider who reviews your medical records, provides a consultation and any necessary follow-up steps.
(b) If you are a provider (“MD”, “DO”, “Medical staff”): Remedly provides a cloud-based Enterprise Resource Planning (ERP) software to support comprehensive medical practice operations.

4. Authorization

(a) If you are a Patient: You authorize Remedly to electronically store your personal information and to provide that information to your healthcare provider for review. You authorize the healthcare provider to submit your consultation and follow-up steps via the Site and also authorize Remedly to electronically store that information. You authorize Remedly’s participating healthcare providers and/or their staff to contact you via email and phone, and acknowledge that they may leave a message on your phone’s messaging system. You acknowledge that these messages may contain information that is important to your health and medical care. It is your responsibility to monitor these messages.
(b) If you are a provider: You authorize Remedly to electronically store your personal information including your name, address, telephone number, email address, professional registration, and any data related to your practice operations. You can amend your personal information should an adjustment be required.

5. Use of Remedly for Health Care Services

If you request a password reset, your IPYour registration on the Site authorizes you to use the Service, subject to these Terms of Use and Remedly’s rights hereunder, and provided that you do not copy or modify the Service or any part of the Service. It is your duty to provide true, accurate, current and complete personal information, including your current contact information and medical records, which are necessary for us to provide the Service to you.• (a) If you are a Patient:You must not make any misrepresentations in the information you provide to us or that your representative provides to us. In order for the Service to function effectively, you must also keep your account information up-to-date and accurate. If you do not do this, the accuracy and effectiveness of the Service may be affected and may result in ineffective consultations. You understand that the Service should never be used for urgent matters. You understand that for urgent matters you should seek emergency care. It is your responsibility to contact your healthcare provider and Remedly if you do not understand or do not agree with the consultation received by your healthcare provider through the Service.

6. Accounts; Passwords; Security.

You will need to register and create a personal account in order to use the Service. When you are setting up your account, you must give us accurate and complete information. This means that you cannot set up an account using someone else’s name or contact information, unless you are a parent or legal guardian setting up and maintaining an account for your child, and in no event can you set up an account using a phony name or phony contact information. You are completely responsible for your account and everything that happens on your account (including any account(s) you maintain for your child(ren)). This means you need to be careful with your password. If you find out that someone is using your account without your permission, you must let us know immediately. You may not transfer your account to someone else. You will be liable for losses and damages incurred by us (or anyone else) due to the unauthorized use of your account.

7. Payment

(a) If you are a Patient:Your provider might charge a fee for online consultations. Remedly may withhold the Service until payment is provided. Remedly uses a nationally recognized merchant service to process payments for the Service. You agree to provide all information necessary for the merchant secure processing system to process your payment. It is your responsibility to review and agree to our payment gateway’s privacy policy and terms of service. If you do not, you may not use the Remedly Service.
Your total price may include taxes or other applicable fees that you are responsible for paying. Except as otherwise expressly specified, all payments are final. You may be presented with additional terms related to a specific payments before you confirm the transaction. Those additional terms will also govern that transaction.
If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify Remedly immediately so that Remedly may take action to attempt to prevent financial loss.

8. Submitted Information

(a) If you are a Patient:You are solely responsible for any information you or your representative submits on the Site on your behalf and the consequences such submission. A non-exhaustive list of possible information that you may submit includes all applicable personal information, medical information and records and photographs and video of your medical condition. You warrant and represent to us that you either own all the information you are submitting or have the right to submit the information. Furthermore, you warrant and represent that you have the right to allow us to make your information available to our employees and agents to view and use in connection with providing the Service without requiring that any such use be subject to additional obligations or terms.

9. Proprietary Rights

Remedly and our suppliers retain all right, title and interest (including all copyright, trade secret, patent and other rights) in and to the Service and content included in the Service (other than your personal information). If you give feedback on the Service, such as recommendations for improvements or features, you hereby assign to Remedly all right, title and interest in and to such feedback, and that feedback may be implemented as part of the Service without compensation to you. We reserve all rights in and to the Service unless we expressly state otherwise. The Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws.All brand, product and service names used in the Service that identify Remedly or the Service are the trademarks or service marks of Remedly or its licensors. Nothing in the Service or these Terms of Use shall be deemed to confer on any person any license or right on the part of Remedly or any licensor with respect to any such image, logo or name.

10. How to Communicate with Us

If you would like to communicate with us (for example, to provide feedback, comments or requests for technical support), you should contact us through our customer support department at www.remedly.com (“Contact us” section).

11. Availability

You acknowledge that temporary interruptions in the availability of the Service may occur from time to time, including the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Remedly, in its sole discretion, may elect to take. Under no circumstances will Remedly be held liable for any damages due to such interruptions or lack of availability.

12. Links to Other Sites

The Service may contain links to other websites that we do not own or control. We are not responsible for any of these other websites. You agree that we are not responsible for any aspect of these other websites, including their content, privacy policies or anything else. You may be exposed to things on other websites that you don’t like or that you find offensive. We are not responsible for this, either. You must use your own discretion when you go to other websites. You should also read the terms and conditions and privacy policies of these other websites.

13. Warranty Disclaimer

USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS,” “WHERE IS” AND “AS AVAILABLE” BASIS. REMEDLY AND OUR AFFILIATES, SUPPLIERS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
REMEDLY AND OUR AFFILIATES, SUPPLIERS AND PARTNERS MAKE NO WARRANTY, REPRESENTATION OR PROMISE THAT (A) THE SERVICE OR ANY PRODUCTS PURCHASED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (C) THAT THERE WILL BE NO ERRORS IN THE SERVICE, ANY CONTENT OR DATA OR THAT REMEDLY WILL FIX ANY ERRORS. ANYTHING OBTAINED THROUGH USE OF THE SERVICE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND REMEDLY SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE SERVICE OR ANY CONTENT OBTAINED FROM THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER LAW, REMEDLY AND OUR AFFILIATES, SUPPLIERS AND PARTNERS and OUR AND their OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS and LICENSORS HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY indirect, INCIDENTAL, special, punitive or CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS or UNAUTHORIZED access OF your user content or loss of REVENUE OR PROFIT) ARISING from or related to YOUR USE OF THE SERVICE OR any content provideD BY OR THROUGH THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (a) your USE OR INABILITY TO USE our SERVICE; (B) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM our SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT; (D) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, REMEDLY’S LIABILITY AND THE LIABILITY OF EACH OF OUR OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF THE AMOUNT YOU HAVE PAID FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING A CLAIM OR THREE HUNDRED DOLLARS ($300).

15. Indemnity

You agree to indemnify, defend (if we so request) and hold harmless Remedly and our affiliates, suppliers, partners, officers, agents and employees from and against any claim, demand, losses, costs, damages, liabilities or expenses (including attorneys’ fees, costs and expenses) arising from any submitted information, your use of the Service, your connection to the Service, your violation of these Terms of Use or your violation of any rights of any third party. Your indemnification obligation will survive the termination of these Terms of Use and your use of the Service.

16. Termination and Suspension

We may terminate or suspend your permission to use the Service immediately and without notice upon any violation of these Terms of Use, your failure to pay any fees when due, upon the request of law enforcement or government agencies, after extended periods of inactivity, for unexpected technical issues or problems or in the event you engage in fraudulent or illegal activities. We also reserve the right to refuse, restrict, discontinue or terminate the Service (or any portions, components or features of the Service) to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability. If we terminate your use of the Service for any of these reasons or otherwise for cause, we will not refund any fees you may have paid.

17. Additional Terms

Portions of the Service may be accompanied by additional terms that apply to specific features or areas of the Service. Those additional terms supplement these terms with respect to your use of those features or areas.

18. Governing Law and Dispute Resolution

These Terms of Use are governed by laws of the state of California, without respect to its conflict of laws principles that would result in the application of the laws of another jurisdiction. The sole jurisdiction and venue for any claim arising from the Service and these Terms of Use shall be the state and federal courts located in San Francisco, California and each party hereby consents to the exclusive jurisdiction and venue of such courts.

YOU AGREE THAT if you want to sue us, you must file your lawsuit within ONE year after the event that gave rise to your lawsuit. OTHERWISE, your lawsuit will be PERMANENTLY BARRED.

TO THE EXTENT PERMITTED BY LAW, THE PARTIES AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND REMEDLY SPECIFICALLY AGREE TO DO SO IN WRITING.

If you do not wish to be bound by the class-action waiver in this Section 19, you must notify Remedly in writing within 30 days of the date that you accept these Terms of Use. Your written notification must be mailed to: Remedly, Inc, Attn: CEO, 407 Sansome St, 4th floor San Francisco, CA 94111.

19. Notices to You

Consent to Receive Electronic Communications. Notices to you may be sent via email or provided through the Service by displaying links to notices generally on the Site.

You understand and agree that you are entering into these Terms of Use electronically and that certain categories of information (“Communications”) may be provided by Remedly to you by electronic means (i.e., via email or by posting the information on the Site). The categories of Communications that may be provided by electronic means include:

These Terms of Use and any amendments, modifications, or supplements.
Disclosures or notices provided in connection with the Service, including any required by federal or state law (including initial disclosures, periodic statements, initial and revised privacy notices, opt-out notices and change-in-terms notices).
Any other communication related to the Service.

All Communications will be deemed to have been received by you no later than 5 business days after we send it to you by email or post it on the Site, whether or not you have received the email or retrieved the Communication from the Site. An electronic Communication by email is considered to be sent at the time that it is directed by Remedly’s email server to your email address. You agree that these are reasonable procedures for sending and receiving electronic Communications.

You agree to promptly update your account records with Remedly if your email address changes so that Remedly may contact you electronically. You understand and agree that if we send you an electronic Communication but you do not receive it because the email address on file is incorrect, out of date, blocked by your service provider or you are otherwise unable to receive electronic Communications, Remedly will be deemed to have provided the Communication to you.

Although we reserve the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be “in writing.” You should print a paper copy of these Terms of Use and any Communication that is important to you and retain the copy for your records. If you do not wish to receive these Terms of Use or the Communications electronically, you may not use the Service.

In order to access and retain Communications, you must have:

a computer with an Internet connection;
a current web browser that includes 256-bit encryption (e.g., Internet Explorer version 11 and above, Firefox version 51 and above, Chrome version 55 and above, or Safari 9 and above) with cookies enabled;
a valid email address (i.e., your primary email address on file with Remedly); and
sufficient storage space to save past Communications or an installed printer to print them.

If you have opened an account with us and you wish to withdraw your consent to have Communications provided electronically, you must close your account and stop using the Service. There are no fees to close your account.

20. General Terms

These Terms of Use, together with our Privacy Policy and any other legal notices we have published on the Site, constitute the entire agreement between you and us regarding the Service. If a court having proper authority decides that any portion of these Terms of Use is invalid, only the part that is invalid will not apply and the rest of these Terms of Use will still be in effect. If we waive any of our rights under these Terms of Use in any particular instance, it does not mean that we are waiving our rights generally or in the future. Furthermore, just because we may not enforce all our rights all of the time, it does not mean that we are waiving our rights. We may decide to enforce them at a later date. These Terms of Use, and any rights and licenses granted under these Terms of Use, may not be transferred or assigned by you, but may be assigned by us without restriction. We won’t be liable to you for any delay or failure to perform any obligation we have under these Terms of Use if the delay or failure is due to events which are beyond our reasonable control, including but not limited to any strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or of telecommunications or data networks or services or refusal of approval or a license by a government agency.