Last Update on Mar 3, 2020
Welcome to the website and online platform of OptraHEALTH Inc. ("Company", "our", "we", or "us"). We enable providers and their patients a simple solution to access up-to-date information and genetic expertise. We are working on facilitating a new kind of healthcare — one that leverages technology, data and design to provide a seamless, modern end-to-end clinical experience.
Here are some of the key points below for your reference:
General
The following provisions explain the terms ("Terms") by which you may access and/or use our website and/or our online or mobile services ("Platform"), so please read them carefully before using, accessing or browsing our Platform.
The Platform includes, but is not limited to, our website at www.healthfax.ai ("Site"), our "PatientHUB", which serves as our user interface and gateway for all our clients, "HealthFAX" or “GeneFAX“ our genetic chatbot assistant, and all software provided on or in connection with our Platform, whether accessed from a desktop computer, a laptop or a mobile device, whether located at home, at a provider's clinic or anywhere else, whether online or off-line, on our Site or through websites of third-parties with whom we have a business relationship, and including interaction tools (e.g., emails and/or any short or immediate messaging services) with us and/or healthcare providers and/or family members (collectively, the "Service")
The Terms apply to all visitors, users, and others who access the Service ("Users", or "you").
THESE TERMS ARE THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN YOU (AND/OR THE ORGANIZATION YOU REPRESENT) AND US. BY ACCESSING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE LEGALLY ELIGIBLE TO ENTER INTO A CONTRACT WITH US; THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS, AND TO THE COLLECTION AND USE OF YOUR INFORMATION AS SET FORTH IN OUR PRIVACY POLICY, WHICH POLICY IS INCORPORATED HEREIN BY REFERENCE, WHETHER OR NOT YOU ARE A REGISTERED USER OF OUR SERVICE.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OR ANY PART THEREOF, YOU MUST REFRAIN FROM USING AND/OR ACCESSING THE PLATFORM AND/OR THE SERVICE.
Any use or access to the Service by anyone under the age of 18 is strictly prohibited and in violation of these Terms. You may only use the Service if Company has made the Service available in your country; any other use is prohibited. The Service is not available to any Users previously removed from the Service by the Company and in all cases is subject to all applicable laws, statutes and regulations.
Amendment of Terms
We use reasonable efforts to post accurate information on our Platform; however, any information presented on our Platform as of a particular date may only be accurate as of such date, and we disclaim any responsibility to update such information.
We reserve the right to modify these Terms as necessary, at any time, from time-to-time, and for any reason. Notice of such changes shall be provided here and the changes, revisions or modifications shall become effective immediately upon their posting here.
If you disagree with any modified Terms, your sole remedy is to discontinue your use of our Service. Any use of our Service by you after such notice shall be deemed to constitute acceptance of the changes.
No Medical Advice
Please note that this Service does not provide any medical advice. Therefore, before you take any action that may affect your health, please consult with your physician or a qualified medical professional. Moreover, we do not promise any particular results with regards to your health in connection with your use of the Platform and/or Service which is entirely at your own risk.
Reliance on any information provided on the Service, or by other members on the Platform is solely at your own risk. We do not undertake any responsibility in relation to the quality of the medical advice, diagnosis or treatment or the manner in which it is provided by doctors, counselors or medical organizations that receive your personal information through our Platform. We recommend that you use reasonable discretion and if you do not feel well, or in the event you do not receive feedback within a reasonable time, or if you have any doubt, we recommend that you contact your physician directly.
THE INFORMATION ON OUR PLATFORM IS PROVIDED SOLELY ON AN “AS-IS” AND “AS AVAILABLE” BASIS.
The Service
The Service assists Users with making informed healthcare decisions based on their genetic data. Additionally, through the use of the Service, we enable direct interaction with healthcare providers and family members through sharing of personal health information, which is sometimes followed by consultation with such healthcare providers. The Service is provided through healthcare providers affiliated or in a business relationship with us.
Limited Right to Use
You are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service, subject to the provisions hereof and of any applicable laws, statutes or regulations.
Entities, companies, and/or businesses may not become Users of the Service, or any part thereof, without express consent from the Company.
We reserve all rights not expressly granted herein in the Service and/or in any part thereof.
For avoidance of any doubt, please note that your access or use of the Service does not create in any way a physician/patient relationship, confidential or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of partners and customers.
Users & User Accounts
You are not obligated to register with us in order to access our Site. However, there are certain features and services of our Platform for which registration is necessary. You can contact us for more information regarding registering your entity.
We may maintain different types of accounts ("User Accounts") for different types of Users. To access certain features or areas of the Service, you may be required to provide personal and/or demographic information as part of a registration or log-in process. Where applicable, by connecting us with a third-party service (such as a genetic counseling provider or lab), you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
By registering to a User Account, you represent, warrant and covenant that: (i) you are at least 18 years of age; (ii) you are using your actual identity; (iii) you have provided only true, accurate, current and complete information about yourself during the registration process; (iv) you will update the information as necessary to keep it true, accurate, current and complete; and (v) you will use our Service and Platform only for the activities permitted by such registration.
You agree that you will be solely responsible for any activities conducted on or through your User Account. Your User Account, username and password are unique to you, and you agree not to disclose or share them with any third party.
Similarly, you should never use another Users’ User Account without permission. You must notify us immediately of any breach of security or unauthorized use of your User Account. We will not be liable for any losses caused by any unauthorized use of your User Account.
You may control your User Account. By providing us your email address and other contact information, you consent to our using such contact information to send you Service-related notices, including any notices required by law, instead of communication by postal mail. Such notices may be provided to you by email, or any other contact form you may provide us with (including your phone number for calls or text messages) and you agree to receive such notices. We may also use your email address or phone number to send you other messages, such as scheduling changes and updates, changes to features of the Service and special offers, such as the opportunity to participate in clinical trials and/or additional testing or related services. If you do not want to receive such notifications, you may opt-out or change your preferences in your settings page. Opting-out may prevent you from receiving notification including notices regarding updates, improvements, or offers. You will not be able to opt-out from receiving service and payment connected notifications from us.
Service Changes
We may, without prior notice, change the Service; stop providing the Service or certain features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if you violate any provision of these Terms, or for no reason. Upon termination of your access to the Service for any reason, you shall continue to be bound by the terms of these Terms as applicable.
Interactions with Other Users
If the Service enables or permits interaction with other Users or healthcare providers, you are solely responsible for such interactions. We reserve the right, but have no obligation, to monitor disputes between you and other Users or healthcare providers. We shall have no liability for your interactions with other Users or healthcare providers, or for any User’s action or inaction.
User Obligations
You agree to abide by all applicable local, state, federal, and international laws and regulations with respect to your use of the Platform and Service. You also acknowledge and agree that your use of the Platform and Service is solely at your own risk. You should also understand that the confidentiality of any communication or material transmitted to or from any site over the internet or other form of global communication network cannot be guaranteed. Accordingly, we are not responsible for the security of any information transmitted to or from the Platform. We reserve the right to prohibit or terminate use of or access to the Platform at any time, without notice, for any reason whatsoever.
User Content
Some areas of the Service allow Users to submit, post, display, provide, share or otherwise make available content such as profile information, lab results, summary data, chatbot transcripts, comments, questions, and other content or information (any such materials a User submits, posts, displays, provides, or otherwise makes available on the Platform is referred to as "User Content".) User Content shall remain the sole property of the User.
However, you understand that if portions of the Service allow other Users to view, edit, share, and/or otherwise interact with your User Content, by providing or sharing User Content through the Service, you agree to allow others to view, edit, share, and/or interact with your User Content in accordance with your settings and these Terms. We have the right (but not the obligation), in our sole discretion, and without an obligation to provide reasoning, to remove any User Content that is shared via the Service.
By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to us a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content for use in connection with the Service.
We take no responsibility and assume no liability for any User Content that you or any other User or third party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you allege to incur as a result of or relating to any User Content.
Prohibited Activities
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated processes; (ii) using any automated system to access the Service in a manner that sends more request messages to the our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, pornographic, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current or (ix) violates any school or other applicable policy, including those related to cheating or ethics. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. We reserve the right, but are not obligated, to reject and/or remove any User Content that we believe violates any of these provisions.
For the purposes hereof, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "Company Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Company and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Company Content. Use of the Company Content for any purpose not expressly permitted hereunder is strictly prohibited.
Third-Party Information
The Service may contain links to third-party materials that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that these Terms do not apply to your use of such third-party sites, products or services. You expressly relieve us from any and all liability arising from your use of any third-party website, service, or content, including without limitation User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms are solely between you and such advertisers. You agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
Text Messaging & Emails
By agreeing to use the Service, you agree to receive certain Company notification or information via email and/or push notification or SMS text message. You may incur additional charges from your wireless provider for text messaging services and that you are solely responsible for any such charges. These notifications or text messages may contain information about the health information you have provided to us and to healthcare providers who cooperate with or use our Platform. Notifications and other messages you receive from us or from the healthcare providers are not necessarily encrypted. You can opt-out of receiving such notifications.
Privacy
Our Privacy Policy with respect to the collection and use of your personally identifiable information is set forth at https://healthfax.ai/privacy, and is incorporated by reference into these Terms.
Security
We use commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes.
You, therefore, acknowledge that you provide your personal information at your own risk. In the event that any information under our control is compromised as a result of a breach of security, or lost due to a technical failure, we will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
Paid Services
The use of certain Services may be subject to payment of particular fees, as determined by us ("Paid Services" and "Fee(s)", respectively). We will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to enter into an additional agreement with the Company that will cover the terms and applicable Fees in advance.
In connection to the use of Service, you may elect to receive other services by third parties, such as lab tests and genetic consulting services. We recommend that you verify the fees of such services and whether they are covered by your insurance plan. We are not responsible for any fees or costs incurred for any services provided to you by third parties, or for the quality of such external services.
Disclaimer of Warranties
To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from us or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, we, our subsidiaries, affiliates, and our licensors do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.
Additionally, we do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and we will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under these Terms will not apply to the extent prohibited by applicable law.
Limitation of Liability
In no event shall we, our affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service, to the maximum extent permitted by applicable law.
Under no circumstances will we be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein.
We assume no liability or responsibility, to the maximum extent permitted by applicable law, for any (i) errors, mistakes, or inaccuracies of content or information; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party. In no event shall we, our affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to us hereunder or US$200, whichever is greater.
This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Company has been advised of the possibility of such damage.
Please note that some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. The Terms provide you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability hereunder will not apply to the extent prohibited by applicable law.
Indemnity
You agree to defend, indemnify and hold harmless the Company and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of the Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your User Account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
Governing Law & Venue
You irrevocably agree that the exclusive venue for any action or proceeding arising out of relating to these Terms or our relationship with you, regardless of theory, shall be the U.S. District Court for the Northern District of California, or the state courts located in Santa Clara county in California. You irrevocably consent to the personal jurisdiction of the aforementioned courts and hereby waive any objection to the exercise of jurisdiction by the aforementioned courts.
With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. You agree to waive the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceedings of any kind.
Miscellaneous
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
We may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice or written or hard copy notice, or through posting of such notice on our Platform, as we shall determine in our sole discretion. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt-out of certain means of notification as described in these Terms.
These Terms, together with any amendments and any additional agreements you may enter into with us in connection with the Service, shall constitute the entire agreement between you and Company concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
No waiver of any term hereof shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision hereunder shall not constitute a waiver of such right or provision.
Please contact us at info@optrahealth.com with any questions regarding these Terms.
Last Update on Mar 3, 2020