TERMS OF SERVICE
1. Introduction
Welcome to Remmy. These Terms of Use apply to your use of our website Remmyhealth.com, mobile applications, and the products and/or services provided by or through Remmy Health Inc. (collectively “Platforms”).
You automatically agree to these Terms of Use and you acknowledge our Privacy Policy by using or accessing our platforms. If you do not agree with these Terms of Use, do not access or use our platforms.
Remmy Health Inc. is a registered corporation in Delaware.
2. Description of Services
Remmy provides users with the ability to track their health conditions over time, and to read about treatment options for these conditions. Users can interact with chatbots for educational purposes. Users can search and engage healthcare professionals for private educational consultations.
By using Remmy, all users agree to have their condition changes tracked and saved for your use. Users agree for Remmy to track and save their treatment progress and aggregate your results with other users. If you submit an experiment, you agree to have your tracking data published to the community publicly.
3. Use of Services
You may use our platforms only in accordance with and subject to these Terms of Service and Privacy Policy. You may not use our platforms for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity that infringes the rights of Remmy or others. As a condition of your use of these platforms, you warrant that:
a) You are at least 18 years of age;
b) You possess the legal authority to create a binding legal obligation;
c) You will use these services to faithfully represent yourself;
d) All information supplied by you to Remmy is accurate, current, complete and true;
e) You will safeguard your account information and not sell, trade or otherwise transfer your account to another party.
We reserve the right to remove any user-submitted content or user from our platforms. Notwithstanding any other rights or restrictions in these Terms of Service, you may not use this our services to:
a) Introduce to our platforms or any other computer, app, or web site viruses, worms, Trojan horses and/or harmful code;
b) Obtain unauthorized access to any computer system;
c) Impersonate any other person;
d) Invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity;
e) Misrepresent the identity of a user or use a false e-mail address;
f) Tamper with or obtain access to our platforms or any component of our platforms;
g) Conduct fraudulent activities;
h) Collect or harvest information regarding other users of our platforms for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.
i) Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
j) Deep-link to any portion of our platforms for any purpose without our express written permission; or
k) “Frame”, “mirror” or otherwise incorporate any part of our platforms into any other website without our prior written authorization.
4. Privacy Policy
Your privacy is important to us. To review our Privacy Policy and understand our practices further, please visit this page.
5. Links to Third Party Sites
Our platforms may contain links to websites operated by parties other than Remmy. Such links are provided for your reference only. We do not control such websites and are not responsible for how other companies or organizations with links from our platforms collect, use, disclose or secure the information that you provide them. If you choose to access a third party website linked to by a platform, you do so at your own risk and subject to any terms of service or privacy policy (if any) associated with such third party websites.
6. Access to Password Protected Areas
Access to and use of password protected and/or secure areas of our platforms are restricted to authorized users only. Unauthorized individuals attempting to access these areas of our platforms may be subject to prosecution.
7. Disclaimer and Limitation of Liability
INFORMATION ON OUR PLATFORMS IS SOLELY FOR INFORMATIONAL PURPOSES. IT IS NOT INTENDED TO PROVIDE MEDICAL ADVICE. NEITHER REMMY, ITS OWNERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND EDITORS, NOR CONTENT AUTHORS TAKE RESPONSIBILITY FOR ANY POSSIBLE CONSEQUENCES FROM ANY TREATMENT, PROCEDURE, EXERCISE, DIETARY MODIFICATION, ACTION OR APPLICATION OF MEDICATION WHICH RESULTS FROM READING OR FOLLOWING ANY INFORMATION CONTAINED ON OUR PLATFORMS, WEBSITES OR MOBILE APPLICATIONS. THE PUBLICATION OF ANY INFORMATION ON OUR PLATFORMS DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE, AND THIS INFORMATION DOES NOT REPLACE THE ADVICE OF YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER. BEFORE UNDERTAKING ANY COURSE OF TREATMENT, THE READER MUST SEEK THE ADVICE OF THEIR PHYSICIAN OR OTHER HEALTH CARE PROVIDER.
OUR PLATFORMS AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS OUR PLATFORMS, WEBSITES OR MOBILE APPLICATIONS ARE PROVIDED BY REMMY. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR PLATFORMS OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR PLATFORMS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR PLATFORMS IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, REMMY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. REMMY DOES NOT WARRANT THAT OUR PLATFORMS; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR PLATFORMS; OUR PLATFORM’S SERVERS; OR E-MAIL SENT FROM REMMY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. REMMY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR PLATFORMS OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR PLATFORMS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
If, despite the limitation above, Remmy, its affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of Remmy, the affiliates and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Remmy in connection with such transaction(s) on our platforms, or (b) One-Hundred Dollars (US$100.00).
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms insure to the benefit of Remmy, its affiliates, and/or their respective suppliers.
8. Healthcare Professionals
Independent Healthcare Professionals listed on our platforms are not Remmy employees and maintain their own consultation services. Remmy makes no warranties about the private conversation information discussed between you and any independent Healthcare Professional listed, either on or off our platform.
The information discussed within the app is in no way intended tosupplant the information provided by one’s doctor(s). Your primary care physician and/or other healthcare providers should always be regarded as a primary source of information about diagnosis, treatment, prescription drugs, and medical conditions.
Any conversations outside the app users have with healthcare professionals found on Remmy, are at the sole risk of the user. Remmy makes no warranties on healthcare professionals, their backgrounds, certifications, ability to provide consultations in your state or any other information that might be found on our platforms.
9. Indemnification
You agree to indemnify and hold Remmy (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys’ fees, or arising out of or related to your breach of this Terms of Service, your violation of any law or the rights of a third party, or your use of our platforms.
10. Severability
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
11. Modification and Notification of Changes
Remmy may periodically modify this Agreement at any time in its sole discretion. If we make a material change to this Agreement, a”change of terms” notice will be posted on REMMYHEALTH.COM/TERMS-OF-SERVICE. If any modification is unacceptable to you, you agree that your only recourse is to terminate your use of any of the Service(s) as provided herein. Your continued use of any service following our posting of a change of terms use, an email notice to you, or a new Agreement on the Site will constitute your binding acceptance of the change.
12. Copyright and Trademark Notices
All content, trademarks, logos and service marks displayed on our platforms are the property of Remmy and other parties. All information and content including any software programs available on or through our platforms (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through our platforms for commercial or public purposes. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. If you are aware of an infringement of our brand, please let us know by emailing us at team@remmyhealth.com.
13. Claims of Copyright Infringement
Remmy respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send us a written notice that includes the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on our platforms; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; or (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual propertyowner’s behalf.
Notices with respect to our platforms should be sent by email to team@remmyhealth.com.
14. Governing Law
Except where prohibited, you agree that any and all disputes, claims, and causes of action arising out of, or connected with, our platforms shall be resolved individually, without resort to any form of class action. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms of Service, your rights and obligations, or the rights and obligations of Remmy in connection with our platforms, shall be governed by, and construed in accordance with, the laws of the state of California.