Effective Date: May 8, 2019
This Terms of Service (“TOS”) is a legal agreement between you and Because Health, Inc. (“Because Health”, “Company” “we” or “us”). These are rules that you agree to follow and govern your use of our online interfaces and properties e.g., using our mobile application and website(s), including when you view or input content on the site https://because.health (the “Site”) and the services available to users through the Site (“Services”). Your compliance with these Terms of Service is a condition to your use of the Site. When you click “Accept” to these Terms, you are entering into a legal agreement (a contract) with Because Health that is legally binding on both you and Because Health. If you do not agree to be bound by the Terms of Service, immediately discontinue use of the Services. Please consult Because Health’s Privacy Policy for a description of our privacy practices and policies, including how we collect and handle your personal health information and financial information.
Additional Terms govern your use and interaction with a healthcare provider through the Site, and the privacy of the information that you give to the healthcare provider will be subject to a separate Privacy Policy of the healthcare provider. If there is a conflict between these Terms and the specific terms of service for a particular Service, the specific, applicable terms will apply.
By agreeing to these Terms, you also understand and agree that the Services that we provide may change from time to time. You may stop using the Services at any time. You do not need to specifically inform us when you stop using the Services unless you are requesting closure of your account as outlined in the “Termination of Services” section below.
Definitions:
“Company,” “we,” “us,” or “our” means Because Health, Inc., a Delaware corporation, and any other companies that are subsidiaries or affiliates of Because Health, Inc. and professional corporations to which Because Health provides administrative services, including, without limitation, Heltha Medical Group, P.C., a New York professional corporation. When used in the contact of the company name, “Because Health” may also refer to Because Health, Inc..
“Services” means services provided through the Site and our mobile application(s).
Description of our services:
“Because Health” services include access to the website located at https://because.health (the “Site”) and related websites and Because Health’s applications, including Because Health’s personal health and wellness services (other terms apply), and any other Because Health Sites we release. Personal health and wellness services, include, for example, connecting you with advanced specialist doctors, virtual consultations, the collection and analysis of health, lifestyle and activity information from Because Health’s assessments and the integration of wearable devices that track fitness activity and health values; clinical laboratory tests results from biological markers in your blood, saliva, and stool; a specific set of pre-selected genetic wellness markers from a clinical laboratory blood test; and recommendations for changes to improve diet, lifestyle, and behavior where such changes may help you optimize your health and live a more vibrant life (collectively, the “Services” or individually a “Service”). These terms provide you with a limited, non-exclusive, non-transferable, and non-sublicenseable license to use the Site and the Services solely for your personal use.
Prerequisites:
Because Health is not for medical care
Because Health does not provide formal medical diagnosis, treatment, or prescriptions. The content of the site and the services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of your qualified heath care professional with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Because Health is intended to be for general informational purposes only. Because Health is not a healthcare provider, but merely facilitates the delivery of telehealth services by healthcare providers in Because Health medical group, P.C. (“Because Health medical group”) that you choose. Because Health is a communications tool for user interactions with physicians and providers. Because healthdoes not provide medical services. Any doctor - relationship is between you and the healthcare provider you select. All healthcare providers identified or accessible on the site are providers in because healthmedical group and are not employed by or contracted with Because Health, inc.
Because Health is not for pregnancy.
You may not sign up to use our Services if you are pregnant. If you become pregnant while using our Services, you must inform us and we will discuss suspending your use of the Service and then turning it back on after your pregnancy is completed. This is because the Services are not designed to address health for you while you are pregnant.
Because Health is not for individuals under legal age of majority.
You must be at least 18 years old, or the legal age of majority whichever is greater, to use the Services. When you register for an account you must (i) provide accurate and complete information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant that you have the right to, and are authorized to, provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password will be your responsibility. If you are under the age of 18, please do not attempt to register with us at this Site or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under the age of 18, we will promptly delete that information. If you believe we have collected personal information from a child under the age of 18, please Contact Us or call us at (888) 217-1047.
We are unable to return any biomaterials to you once you have submitted them to our services.
Your biomaterials may be problematic. For example, an insufficient sample may prevent our third party clinical laboratories from processing your biomaterials for results or such third party clinical laboratories may make a mistake. A small, unknown percentage of biomaterials collected and processed may be un-interpretable or interpreted incorrectly. You are not entitled to refunds when these errors occur. We reserve the option of re-obtaining biomaterials and/or re-processing your data again if it is reasonably possible for us and for you.
Ownership of the site
All pages within this Site and any material made available for download are the property of Because Health, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws. The Contents of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Because Health. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of Because Health without our express written consent.
Electronic communications
When you use any Because Health Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.
Site access, security and restrictions; passwords
If you create a subscriber account for the Because Health Site, you agree to complete the registration process by providing current, complete, and accurate information as required by Because Health. You are responsible for all activities that occur under your account. In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Because Health. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by Because Health at any time with or without cause. You agree to defend, indemnify and hold Because Health harmless from and against all third party claims, damages and expenses (including reasonable attorneys fees) against or incurred by Because Health arising out of your breach of these Terms of Service or violation of applicable law, your use or access of the Site, or access by anyone accessing the Site using your user ID and password.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Service or in violation of applicable law. If you are under 18, you may use the Because Health Services only with involvement of a parent or guardian.
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Violations of system or network security may result in civil or criminal liability. Because Health will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
License(s) and access:
Subject to your compliance with these Terms of Service and your payment of any applicable fees, Because Health or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Because Health Services. This license does not include any resale or commercial use of any Because Health Service, or its contents; any collection and use of any service listings, descriptions, or prices; any derivative use of any Because Health Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Service or any Service Terms are reserved and retained by Because Health or its licensors, suppliers, publishers, rightsholders, or other content providers. No Because Health Service, nor any part of any Because Health Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Because Health. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Because Health without express written consent. You may not use any meta tags or any other "hidden text" utilizing Because Health's name or trademarks without the express written consent of Because Health. You may not misuse the Because Health Services. You may use the Because Health Services only as permitted by law. You may not use the Because Health Services for purposes other than intended, including chat or communications unrelated to healthcare. The licenses granted by Because Health terminate if you do not comply with these Terms of Service.
Accuracy and integrity of information:
Although Because Health attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Because Health so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Because Health shall have no responsibility or liability for information or Content posted to the Site from any non-Because Health affiliated third party.
Links to third party sites:
Because Health makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Because Health site, please understand that it is independent from Because Health, and that Because Health has no control over the Content on that website. In addition, a link to a non-Because Health website does not mean that Because Health endorses or accepts any responsibility for the Content, or the use, of the linked site. Thus, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk. Certain areas of the Site may allow you to interact and/or conduct transactions with one or more third-party websites, and, if applicable, allow you to configure your privacy settings in that third-party website account to permit your activities on the Site to be shared with your contacts in your third-party site account. If you change your privacy settings or share information on the Site and/or third-party sites, we will not be responsible for any results, intended or unintended.
User information:
If you submit, upload, post or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. All User Information that you submit is subject to our Privacy Policy. When you interact with a healthcare provider, the privacy of the information that you give to the healthcare provider will be subject to a separate Privacy Policy of the healthcare provider. You represent and warrant to Because Health and its Providers that you have the legal right and authorization to provide all User Information to Because Health and its Providers for use as set forth herein and required by Because Health and the Provider.
Mobile App(s)
Because Health’s mobile application
We may make available the Because Health App to access the Service via a mobile device. To use any Because Health App you must have a mobile device that is compatible with the Mobile Service. Because Health does not warrant that any Mobile App will be compatible with your mobile device. Because Health grants to you a non-exclusive, non-transferable, revocable license to use a compiled code copy of any Because Health App for one Because Health account on one mobile device owned or leased solely by you, for your personal, non-commercial use. You may not: (i) modify, disassemble, decompile or reverse engineer the Because Health App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Because Health App to any third party or use the Because Health App to provide time sharing or similar services for any third party; (iii) make any copies of the Because Health App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Because Health App, features that prevent or restrict use or copying of any content accessible through the Because Health App, or features that enforce limitations on use of the Because Health App; or (v) delete the copyright and other proprietary rights notices on the Because Health App. You acknowledge that Because Health may from time to time issue upgraded versions of the Because Health App, and may automatically electronically upgrade the version of the Because Health App that you are using on your mobile device. You consent to such automatic Because Health upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Because Health App is covered by the applicable open source or third-party end user license agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Because Health App or any copy thereof, and Because Health or its third party licensors or suppliers retain all right, title, and interest in and to the Because Health App (and any copy of the Because Health App). You agree to comply with all United States and foreign laws related to use of the Because Health App and the Service. Standard carrier data charges may apply to your use of the Because Health App. If any Because Health Software is being acquired on behalf of the United States Government, then the following provision applies: Use, duplication, or disclosure of the Because Health Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Because Health Software originates in the United States, and is subject to United States export laws and regulations. The Because Health Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Because Health Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Because Health Software and the Service.
Because Health App from iTunes
The following also applies to any Because Health App you acquire from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that these Terms are solely between you and Because Health, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Service and any law applicable to Because Health as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms of Service and any law applicable to Because Health as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, Because Health, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service. You and Because Health acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service as they relate to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.
Indemnification:
You agree to defend, indemnify and hold Because Health, our officers, directors, employees, affiliates, agents, licensors, providers, and business partners harmless from and against all third party claims, damages, liabilities and expenses (including reasonable attorneys’ fees and costs of defense) against or incurred by Because Health arising from, (i) your breach of these Terms or of any representation or warranty made by you in these Terms; (ii) your use of this Site or the use of this Site by any person using your user name and/or password and (iii) your User Information or Content you upload to or transmit through the Site. You further and specifically agree to hire attorneys to defend us if you violate these Terms and that violation results in a problem for us. However, without altering your obligations under this paragraph, we have the right, but not the obligation, to select the attorneys who represent us and to assume the exclusive defense and control of any matter subject to indemnification by you to participate through counsel in any defense of any claim and to approve any settlement. You agree to cooperate in any defense under this provision and that you may not settle any claim without our prior written consent.
Contact us if you believe or hold claims of copyright infringement:
If you believe that your work has been copied in a manner that constitutes copyright infringement, please contact us by following the procedures set forth in our DMCA Removal Procedure. We disclaim any responsibility or liability for copyrighted materials posted on our site.
Disclaimer of warranties:
Because Health does not warrant that access to or use of the site will be uninterrupted or error-free or that defects in the site will be corrected. This site, including any content or information contained within it or any site-related service, is provided on an "As is" basis, with all faults and with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment, and title/non-infringement. Because Health does not warrant the accuracy, completeness or timeliness of the information obtained through the site.
The use of Because Health by any individual to verify the credentials of professionals or specialists is strictly prohibited.
You assume total responsibility and risk for your use of this site, site-related services, and linked websites. Because Health does not warrant that files available for download will be free of viruses, worms, trojan horses or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your needs for data back up and security.
You understand that we do not control, and are not responsible for feedback made available through the site and that by using the site, you may be exposed to feedback that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. We expressly disclaim any liability for such Feedback. In that regard, you agree that you must evaluate, and bear all risks associated with, the use of any Feedback, that you may not rely on said Feedback, and that under no circumstances will we be liable in any way for any Feedback or for any loss or damage of any kind incurred as a result of your use of any Feedback posted, emailed or otherwise made available on the Site. You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse, delete or move any Feedback on the Site for any reason.
Your interactions with organizations, events and/or individuals found on or through the Site are solely between you and such organizations and/or individuals. We expressly disclaim any liability for such organizations, events or individuals.
Limitation of liability:
Because Health and any third parties mentioned on this site are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to the site, site-related services, content or information contained within the site, and/or any linked website, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. Because Health is not a healthcare provider, and shall have no liablity or responsibility for the acts or omissions of the healthcare provider(s) that you choose. Your sole remedy for dissatisfaction with the site, site-related services, and/or linked websites is to stop using the site and/or those services. To the extent any aspects of the foregoing limitations of liability are not enforceable, the maximum liability of because healthto you with respect to your use of this site shall not exceed the total amount paid by you to Because Health for such services or $500 (five hundred dollars), whichever is lesser.
You also release, waive, discharge and promise not to sue or bring any claim of any type against us for any loss, damage or injury relating in any way to the Services or any part thereof. If you are a California resident, you waive 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.” if you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Dispute resolution in general:
This provision is to facilitate the prompt resolution of any and all disputes between us, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence, and/or any other legal or equitable theory, and including the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) and all disputes that arose before these Terms became effective and those that arise during and after termination or expiration of these Terms (“Disputes”). In the event of any dispute or claim relating to the Site or these Terms of Service, you agree to resolution of such dispute in the state or federal courts located in Seattle, Washington, in accordance with the laws of the State of Washington. Most concerns can otherwise be resolved by contact us at care@because.health. In the unlikely event that we are unable to resolve a legitimate legal complaint you may have, we agree to resolve those disputes in the state or federal courts located in Seattle, Washington, in accordance with the laws of the State of Washington.
You agree that any dispute or claim must be filed within one (1) year after such dispute or claim arose or you hereby agree to be forever barred from bringing such claim.
Termination of services:
We value our relationship with you. If we believe that you are not complying with these Terms, we will notify you and may provide you with recommended corrective action(s). However, we may, at our sole discretion, terminate your access to the Services, your account, and/or this agreement for any reason, and/or for any and all violations of these Terms, without providing prior notice to you.
We may also terminate Services to you in the event that we are required to do by law or by a change in federal, state, or local regulations or if Because Health determines, that the ongoing provision of Services is no longer commercially feasible.
If you want to terminate your Agreement with Because Health, you may do so by notifying Because Health at any time in writing, which will entail closing your accounts for all of the Services that you use. Your notice should be sent, in writing, online to legal@because.health. If you provide notice online, we will send you an email asking you to confirm your request, and your notice will be effective following receipt of a second email confirmation from you. Please note that Because Health is not able to return any biomaterials once you have submitted them to Because Health’s third party vendors, including upon termination for any reason. The proprietary rights, disclaimer of warranties indemnities, limitations on liability and general provisions of these Terms shall survive any termination of these Terms.
Revisions to terms of service
Because Health reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. In the event that any of the Terms of Service are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect. These Terms of Service constitute the entire agreement between Because Health and you pertaining to the subject matter hereof. In its sole discretion, Because Health may from time-to-time revise these Terms of Service by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Service, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Service may be superseded by expressly designated legal notices or terms located on particular pages within this Site.
Contact us
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at legal@because.health.
