Last updated: November 20, 2023
Carefully read these terms and conditions of use (“Terms of Service”) as they govern your access to and use of the Healthy.io Ltd. and Healthy.io (US), Inc. (collectively, “Healthy.io,” “we,” “us,” and “our”) Product and Services. Your acceptance of, and compliance with, these Terms of Service is a condition to your use of the following:
The Minuteful™ Kidney Test (our “App”);
Our home based urinalysis test kit, consisting of urine receptacle and a lid, a proprietary Color-Board, a blotting pad, a dipstick, and a user manual (the “Kit”)
The Minuteful Kidney Test system is composed of our App and the Kit (collectively, our “Product”); and
The Product, its delivery to users, outreach and patient engagement, care coordination services and any technical and troubleshooting support services are collectively referred to as the “Services”.
Accessibility. At Healthy.io, we are dedicated to delivering healthcare at the speed of life, striving to ensure our digital experiences are user-friendly for everyone, including people with disabilities. To reflect this commitment, we have created an Accessibility Statement, which outlines our approach and improvements made to assist users with disabilities. For full details of our efforts and the measures we have implemented, please refer to our Accessibility Statement.
Binding Arbitration. These Terms of Service provide that all disputes between you and Healthy.io that in any way relate to these Terms of Service, the Product, and/or the Services will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Service. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review Dispute Resolution; Arbitration Agreement section below for the details regarding your agreement to arbitrate any disputes with Healthy.io.
IF THE PRODUCT AND SERVICES ARE PROVIDED TO YOU AS PART OF A CONTRACTUAL RELATIONSHIP BETWEEN HEALTHY.IO AND A THIRD PARTY SUCH AS A HEALTH PLAN, A NETWORK PROVIDER, OR AN ONLINE ENROLLMENT PROGRAM, THE TERMS OF SUCH CONTRACTUAL RELATIONSHIP WILL GOVERN THE PRODUCT AND SERVICES PROVIDED TO YOU AND SUPERSEDE THESE TERMS IN THE EVENT OF ANY CONFLICT.
Demo users - please see Section 14 - “Use of the Services for Demonstration Purposes” below.
1. Product Overview
The Minuteful Kidney Test is available for prescription-use only and is intended for people at risk of kidney disease. The Minuteful Kidney Test, is an in-vitro diagnostic, home-use urine analysis test system for the semi-quantitative measurement of albumin and creatinine in urine, as well as the presentation of their ratio, the albumin-creatinine ratio (ACR). The system consists of our App and the Kit. Results are intended to be used in conjunction with clinical evaluation as an aid in the assessment of kidney health. The App, as a component of the Minuteful-Kidney Test, has obtained 510(k) clearance from the U.S. Food and Drug Administration (“FDA”). The Product is not intended to be used as a stand-alone diagnostic device, but as an adjunct to a qualified health care provider’s treatment of an individual.
The App utilizes the smartphone camera in order to scan the urine test strip (“dipstick”) and then analyzes the scan to provide the test results. Access permission to the smartphone’s camera will not be used for any other purpose. The test results are reported to both the home user and the prescribing physician. Instructions on how to use the Product are included with materials and products shipped to you.
2. Services Provided; Prescription Policy
The Product is not intended to be used as a stand-alone diagnostic device, but as an adjunct to a qualified health care provider’s treatment of an individual. The test requires obtaining a valid prescription from a licensed healthcare provider, and full access to the Product and the Services is contingent upon obtaining such a prescription.
Healthy.io is not a medical group and does not provide medical advice, care, and/or treatment . However, depending on its agreements with your health plan, healthcare provider, or network provider, Healthy.io may allow access, through its App, to independent medical practitioners, including but not limited to, Beluga Health, P.A. (the “Telehealth Platform”), an independent medical group with a network of United States-based health care providers (each, a “Telehealth Practitioner”).
Where access to the Telehealth Platform is available as part of the Service: If a Telehealth Practitioner determines the Product is appropriate for you and writes a prescription, you may perform the test using the Product. If you choose or request to engage in a consultation, Healthy.io will provide you with the ability to obtain an in-app consultation with a Telehealth Practitioner, free of charge.
Healthy.io does not provide medical advice or care, own or operate the medical practices, employ or in any way supervise the clinicians providing medical care, and control over the care provided is the sole responsibility of the independent medical practices and the Telehealth Practitioners they employ. The Telehealth Platform’s Informed Consent Form, which applies to the in-app consultation, can be found here.
You agree that any prescriptions that you acquire from a Telehealth Practitioner will be solely for your personal use. You agree to fully and carefully read all Product information and labels and to contact Telehealth Practitioner if you have any questions regarding the prescription.
Where access to the Telehealth Platform is not available as part of the Service: Where access to the Telehealth Platform is not available as part of the Service prescriptions will be provided to Healthy.io directly by the users’ healthcare provider or health plan. Please contact your healthcare provider or health plan if you have any questions in connection with this portion of the service.
3. Not For Emergencies
The Product and Services are not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on the Product. If you believe you are experiencing an emergency, call 9-1-1 immediately.
You should seek emergency help or follow up care when recommended by your primary healthcare provider (the “Provider”) or when otherwise needed. You should continue to consult with your Provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment.
4. Risk of the Services
By using the Services, you acknowledge the potential risks associated with using the Product. These include but are not limited to the following: information transmitted may not be sufficient to allow for appropriate medical or health care decision to be made by the Telehealth Practitioner; delays in evaluation or treatment could occur due to failures of electronic equipment; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of your information, those protocols could fail causing a breach of privacy of your information.
5. Privacy Practices
6. Ownership of the Product
The Product and the Services contain confidential and proprietary information, materials, data, databases, contents, processes, methodologies, know-how, software, text, displays, images, video, audio, trademarks, logos, service marks, features and functionality, and the design, selection and arrangement thereof, are owned by Healthy.io, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade dress, trade secret and other intellectual property or proprietary rights laws (collectively, the “Content”).
As between Healthy.io and you, Healthy.io retains sole and exclusive ownership of all right, title and interest in and to the Services (including any improvements, copies, translations, modifications, adaptions or derivative works of the Services) and to all copyrights, trade secrets, patents, trademarks, and other intellectual property rights therein and relating thereto. In addition, in the event you acquire any right, title or interest in the Services, you hereby assign any such right title or interest to the Services.
These Terms of Service permit you to use the Product for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our App, including but not limited to Content, except that you may print or download one copy of a reasonable number of pages of the App for your own personal, non-commercial use and not for further reproduction, publication or distribution. You must not: (a) modify copies of any materials from the App or received through the Services; (b) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (c) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Product.
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, without limitation, images, text, page layout, or form) of Healthy.io without our express written consent.
You must not access or use any part of the Product or Services or materials available through the Product for outsourcing for others or as part of a service bureau business so otherwise for the benefit of unaffiliated third parties who pay directly for its benefit or for other similar commercial purposes, or otherwise exploited for any commercial purpose without express written consent of Healthy.io.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Product in breach of these Terms of Service, your right to use the Product will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Product or any content on the Product is transferred to you, and all rights not expressly granted are reserved by Healthy.io. Any use of the Product not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
7. User Content
Certain features of the Services (such as the in-app chat, which is available solely where access to the Telehealth Platform is available as part of the Service) may enable you to submit content. You may not submit or otherwise make available to Healthy.io content that: (a) constitutes an infringement, misappropriation or violation of any intellectual property rights, proprietary rights, rights of publicity, rights of privacy or any other legal rights protecting data, information or intangible property throughout the world, including, without limitation, any copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases or contract rights; (b) is defamatory, insulting, or offensive; (c) is unlawful or violates any applicable laws, rules, promotes illegal activities or contributes to the creation of illegal materials, or is otherwise illegal in any way; (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, limit the functionality of any computer software or hardware or telecommunications equipment; (e) interferes with or disrupts the Services or servers or networks connected to the Services; (f) is harmful to minors in any way; (g) constitutes unsolicited or unauthorized advertising, promotional materials, spam, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (h) causes Healthy.io to violate any applicable law, rule or regulation.
If you provide any feedback, ideas, or suggestions (“Feedback”) on the Services, then we may use that Feedback without obligation to you and you hereby assign all right, title and interest in such Feedback to Healthy.io.
8. Availability of Services
Healthy.io operates subject to state and federal regulations, and the Product may not be available in your state. You represent that you are not a person barred from enrolling for or receiving the Product under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Product is limited exclusively to users located in states within the United States where the Product is available. Services are not available to users located outside the United States. Accessing the Product from jurisdictions where content is illegal, or where we do not offer the Product, is prohibited.
9. Access to Product, Security, and Restrictions; Passwords You are prohibited from violating or attempting to violate the security of the App, 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 App or any portion thereof without authorization, in violation of these Terms of Service or in violation of applicable law.
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the App, deep-link to any feature or content on the App, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the App.
Violations of system or network security may result in civil or criminal liability. Healthy.io 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 order or manner of the App or any activity being conducted on the App.
In the event access to the App or a portion thereof is limited requiring a phone number (or another identifier, as applicable - a “User Identifier”) and password (“Protected Areas”), you agree to access Protected Areas using only your personal User Identifier and password. You agree to protect the confidentiality of your User Identifier and password, and not to share or disclose your User Identifier 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 App may be revoked by Healthy.io at any time with or without cause. You agree to defend, indemnify, and hold Healthy.io harmless from and against all third party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by arising out of your breach of these Terms of Service or violation of applicable law, your use or access of the App, or access by anyone accessing the App using your User Identifier and password.
Except as prohibited by law or our contracts with third parties, Healthy.io or, where access to the Telehealth Platform is available as part of the service, Telehealth Platform, may de-identify your information such that it is no longer considered protected health information or personally identifiable information. Healthy.io or, where access to the Telehealth Platform is available as part of the Service, Telehealth Platform, may disclose, aggregate, sell, or otherwise use such de-identified information to third parties for analytics, research, or other purposes.
10. No Users Under 18 Years Old
In order to access the Product and the Services, you represent and warrant that you are 18 years old or older. If you are under the age of 18, please do not attempt to register with us on the Product or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please contact us through the contact details below.
11. Your Account
You agree to: (a) provide true, accurate, current, and complete information when registering to use the Product and establishing your account (“Registration Information”) and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account. You agree not to allow others to access your account or utilize your password. Doing so will compromise the security of your account.
12. Accuracy and Integrity of Information
Although we attempt to ensure the integrity and accuracy of the Product, we make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Product and Content thereon. It is possible that the Product could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Product by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. We reserve the right to unilaterally correct any inaccuracies in the Product without notice. Information contained in the Product may be changed or updated without notice. Additionally, Healthy.io shall have no responsibility or liability for information or Content posted to the Product from any unaffiliated third party.
13. Links to Other Sites
We make no representations whatsoever about any other website that you may access through the App. When you access a non-Healthy.io website, please understand that it is independent from us, and that we have no control over the content on that website. In addition, a link to a non-Healthy.io website does not mean that we endorse or accept any responsibility for the content, or the use, of the linked website. 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 websites linked to the App, you do this entirely at your own risk.
14. Use of the Services for Demonstration Purposes
**If you are invited to access the Services as a demonstration, or you access any features of the Services used solely for demonstration purposes, you acknowledge that: (a) under this demonstration, some features, such the in-app consultation as described in Section 2 above, may not be available to you. Furthermore, you will receive mockup results that do not reflect your tests. Any results provided to you are not related to your actual use of the App. Accordingly, you should not rely on any results received as a result of this demonstration; (b) access and use of the Services is permitted only for demonstration purposes and only as long as you are in compliance with these Terms of Service; (c) such features may have not been made commercially available by Healthy.io; (d) such features or results may not be relied upon or fully functional; (e) such features may contain errors, design flaws, or other problems or may be in demonstration-mode only and not intended to provide actual results; (f) it may not be possible to make such features fully functional; (g) such features may change and may not become generally available; and (h) Healthy.io is not obligated in any way to continue to provide or maintain such features or access for any purpose in providing the Services. These demonstration features are provided AS IS, with all faults. You assume all risks arising from use of such features, including, without limitation, the risk of damage to your mobile device or the corruption or loss of data.
THE SERVICES ARE PROVIDED AS A DEMONSTRATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND OUR SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES, TERMS AND CONDITIONS OF MERCHANTABILITY, ACCURACY, CORRESPONDENCE WITH DESCRIPTION, FITNESS FOR A PARTICULAR PURPOSE OR USE AND SATISFACTORY QUALITY, AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HEALTHY.IO (AND/OR ITS EMPLOYEES, PARTNERS, ASSOCIATES AND/OR REPRESENTATIVES) BE LIABLE FOR ANY DAMAGE (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGE, SUCH AS DAMAGE DUE TO LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, DAMAGE TO GOODWILL, ETC.) ARISING OUT OF THE USE AND/OR INABILITY TO USE AND/OR THE RESULTS OF USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT OR OTHERWISE. THE SOLE AND EXCLUSIVE RELIEF AVAILABLE TO YOU IN ANY SUCH EVENT(S) IS TO CEASE USING THE SERVICES. NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES EITHER PARTY’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR ANY OTHER LIABILITY WHICH THE LAW DOES NOT ALLOW A PARTY TO LIMIT OR EXCLUDE.
15. Consent to Receive Calls, Text Messages, and Audio and/or Video Recording
By providing your mobile number, you are agreeing to be contacted by or on behalf of Healthy.io at the mobile number you have provided, including calls and text messages, to receive informational, product or service related (e.g., progress tracking, reminders, etc.) messages and communications relating to the Product and/or Service. Message and data rates may apply. To stop receiving text messages text a reply to us with the word STOP.
We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify services you wish to stop. Please note, that by withdrawing your consent, some of the functions provided by the Product may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your services.
16. CAN-SPAM Act and Telephone Consumer Protection Act Compliance
Healthy.io, Telehealth Platform, and its Telehealth Practitioners are committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM Act”) and the Telephone Consumer Protection Act (“TCPA”). You consent to receive text messages from us as set forth in the above section - “Consent to Receive Calls, Text Messages, and Audio and/or Video Recording”. E-mails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM ACT and the TCPA. In the event you receive an e-mail or text message from us which you do not believe is fully compliant with the CAN-SPAM Act or the TCPA, please contact us through the contact details below.
17. Electronic Communications
When you use the App, or send emails, 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 and, where access to the Telehealth Platform is available as part of the Service, Telehealth Platform or Telehealth Practitioner, 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. Healthy.io may contact you by telephone, mail, or e-mail to verify your information. Healthy.io, and, where access to the Telehealth Platform is available as part of the Service, Telehealth Platform, and your Telehealth Practitioner may request further information from you and you agree to provide such further information to ensure that you have not fraudulently used the Product. If you do not provide this information in the manner requested, we reserve the right to suspend, discontinue, or deny your access to and use of our App until you provide the information to us as requested.
18. No Third Party Rights
Unless expressly stated in these Terms of Service, nothing herein is intended to confer any rights, obligations, duties, or remedies, on any person other than you, Healthy.io, and, where applicable, Telehealth Platform, and their affiliates. Nothing in the Terms of Service is intended to relieve or discharge the obligation or liability of any third persons to you, Healthy.io and, where applicable, Telehealth Platform, and their affiliates, nor shall any provision give any third parties any right of subrogation or action over against you, Healthy.io, Telehealth Platform, and its affiliates.
19. Dispute Resolution; Arbitration Agreement
We will try to work in good faith to resolve any issue you have with the Product, including Services ordered or purchased through the Product, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.
You and Healthy.io agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms of Service or your use of the Product, including Services ordered or purchased through the Product, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court.
You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Healthy.io are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Service and any other contractual relationship between you and Healthy.io.
If you desire to assert a claim against Healthy.io, and you therefore elect to seek arbitration, you must first send to Healthy.io, by certified mail, a written notice of your claim (“Notice”). The Notice to Healthy.io should be addressed to: Healthy.io (US), Inc., Attn: LEGAL NOTICE, 10-24 School St. Suite 802, Boston, MA 02108 (“Notice Address”).
If Healthy.io desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Healthy.io, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”).
If Healthy.io and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Healthy.io may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Healthy.io or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org.
If you are required to pay a filing fee, after Healthy.io receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Service, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Service.
All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Service, including this arbitration agreement. Unless Healthy.io and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator).
If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
If the arbitrator issues you an award that is greater than the value of Healthy.io’s last written settlement offer made before an arbitrator was selected (or if Healthy.io did not make a settlement offer before an arbitrator was selected), then Healthy.io will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
YOU AND HEALTHY.IO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Healthy.io agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Service shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for the state of Delaware. Both Healthy.io and you agree to waive any and all rights to a jury trial in the event this agreement to arbitrate is found to be unenforceable.
21. Disclaimer of Warranties
HEALTHY.IO DOES NOT WARRANT THAT ACCESS TO OR USE OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PRODUCT WILL BE CORRECTED. THE PRODUCT, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE RELATED TO THE PRODUCT, IS PROVIDED "AS IS," WITH ALL FAULTS, 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. HEALTHY.IO DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE PRODUCT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PRODUCT, PRODUCT-RELATED SERVICES, SERVICES, AND LINKED WEBSITES. HEALTHY.IO 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. WARRANTIES RELATING TO THE PRODUCT OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY HEALTHY.IO MAY BE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE SERVICES.
22. Limitation of Liability Regarding Use of Product and Services
HEALTHY.IO AND ANY THIRD PARTIES MENTIONED ON THIS PRODUCT 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 PRODUCT, PRODUCT-RELATED SERVICES, SERVICE, CONTENT, OR INFORMATION CONTAINED WITHIN THE PRODUCT, 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. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PRODUCT, PRODUCT-RELATED SERVICES, SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE PRODUCT AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF HEALTHY.IO TO YOU WITH RESPECT TO YOUR USE OF THE PRODUCT AND SERVICES IS $500 (FIVE HUNDRED DOLLARS).
23. Force Majeure
24. Copyright & Trademark Information
Copyright ©2022 Healthy.io (US), Inc. All rights reserved. All trademarks, logos, patents, and service marks (“Marks”) displayed on the Product are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
25. Revisions; General
Healthy.io reserves the right, in its sole discretion, to terminate your access to all or part of the Product, 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 Healthy.io and you pertaining to the subject matter hereof. In its sole discretion, Healthy.io 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. Your continued use of the Product after revisions to these Terms of Service shall constitute your agreement to the revised Terms of Service. Certain provisions of these Terms of Service may be superseded by expressly designated legal notices or terms located on particular pages within the Product.
26. Anti-discrimination and Interpretation Service
Healthy.io does not exclude people or treat them unfairly because of sex, age, race, color, national origin, or disability.
If you need our support with the service and your primary language is not English, you can ask our support representatives for an interpreter. To reach our services, please contact us through the details in Section 27 below.
In addition, if you think you were not treated fairly because of your sex, age, race, color, national origin, or disability, you can send a complaint to the details in Section 27 below.
You can also file a complaint with the U.S. Dept. of Health and Human services, through the contact information below:
27. Contact Us
Healthy.io (US), Inc.
Telephone: (844) 688-5055
Email: [email protected]
If this is a medical emergency or crisis situation, dial 9-1-1 immediately