Terms of Use
Welcome to Heuro. These Terms of Use (“Terms”) govern your use of the products and services of Heuro, LLC (“Heuro”, “Heuro Health”, “we” or “us”), including the Heuro Mobile App (“Heuro App”), the images and content provided via the Heuro App, and any other Heuro-owned websites (collectively, the “Services”). By using the Heuro App, you are acknowledging that you have read and expressly agreeing to be bound by these Terms. Please read these Terms of Use carefully.
Not Intended for Users Under Age 18
The Services are not directed to or intended for use by anyone under the age of 18. By using the Services, you are attesting to the fact that you are at least 18 years of age and possess the legal rights and ability to agree to these Terms.
Medical Disclaimer
Our mission is to help our users engage more proactively in their own health and wellness. Heuro is here to help you understand your healthcare options, facilitate your use of the healthcare system, and support you as you make health and wellness decisions. The content we provide through our Services is for informational purposes only and should not be construed as medical advice, diagnosis, and/or treatment. You should always seek the advice of your physician or other qualified health provider regarding any data, information or results provided by the Services or any questions you may have regarding a health or medical condition. You must never disregard, avoid or delay obtaining professional medical advice from your physician or other qualified health provider(s) because of any data, information or results provided on, through or by the Services.
The Heuro App may display a personal Health Score and a variety of health, wellness, and similar information (collectively the “User Content“). The User Content is generated, in part, by compiling health and wellness information we may obtain (i) directly from you through your use of the Services, (ii) from a third-party source such as a health care provider, pharmacy, lab, health plan, wearable fitness device, or other data source with your consent, or (iii) through a relationship between Heuro and your employer, health care provider, or other entity (i.e., a “Sponsored Program”). The User Content generated by Heuro is for informational purposes only.
The personal Health Score displayed in the Heuro App is a motivational tool — not an accurate representation of your health. Your Health Score will increase or decrease based on certain changes in your user information that are received by the Heuro App. Our proprietary Health Scoring process is informed by certain well-established evidentiary factors that may be relevant to overall health and wellness. Notwithstanding the foregoing, the Health Score is not – and should not be treated as – a clinically valid measure of your true state of health. The User Content generated by the Heuro App is never intended to substitute for the expertise and judgment of a physician, pharmacist or other healthcare professional. Making a reliable medical diagnosis, treating a medical condition, and administering any drug therapy requires the involvement of independent informed healthcare professionals. In case of any specific questions regarding the treatment and care of any medical condition, you must contact your licensed healthcare professional.
IF YOU ARE EXPERIENCING A HEALTH EMERGENCY, CALL 911 OR GO TO AN EMERGENCY DEPARTMENT IMMEDIATELY.
Using our Services
By accessing or using the Services, you agree to bound by these Terms as posted and accessible through our App or website at the time of your access or use. You also agree to use the Services in accordance with these Terms, our Privacy Policy, and any additional terms and conditions that are referenced herein or that otherwise may apply to specific features of the Services.
Do not misuse our Services. For example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law. We may suspend or stop providing our Services to you if you fail to comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not from Heuro. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. This does not necessarily mean that we have reviewed all content that appears in the Services so please do not assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Your Heuro Account
You are responsible for keeping your Heuro Account password secure and confidential and for any activity that happens on or through your Heuro Account. We recommend that you choose a unique Heuro Account password that you do not reuse for any other third-party application. If you learn of any unauthorized use of your password or Heuro Account, please contact us at [email protected].
Privacy
Heuro’s Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Heuro can use such data in accordance with our Privacy Policy.
Your Content in our Services
When you upload, submit, store, send or receive content to or through our Services, you give Heuro (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. You are responsible for ensuring you have the necessary rights to grant us this license for any content that you submit to our Services. Heuro reserves the right to suspend or terminate your access to the Services if we believe that the information you submit infringes another’s rights or otherwise violates any law, rule or regulation.
Notwithstanding the foregoing, our Services may offer you ways to access and remove your own content. In addition, our Services may contain settings that narrow the scope of our use of certain content submitted.
You can find more information about how Heuro uses and stores content in our Privacy Policy. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
Intellectual Property
All of the information and content displayed and used through the Services – photographs, articles, text, guides, images, designs, video and audio clips, as well as Heuro’s trademarks, logos, domain names, and any and all copyrightable materials and any other material relating to the “look and feel” of the Services – is owned by or licensed to Heuro and is protected as intellectual property or otherwise. Subject to your strict compliance with these Terms of Use, Heuro grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to access, download, view, use the content and information provided through the Services. You must retain all copyright, trademark, and other proprietary notices contained in the Services and you may not permit any improper or unauthorized third-party use or access to the Services.
UNAUTHORIZED USE, COPYING, REPRODUCING, STORING, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING, REMOVING OR ALTERING OR ANY OTHER MISUSE OF ANY OF THE CONTENT IS STRICTLY PROHIBITED.
If you believe that any content on the Heuro Mobile App contains content that violate your rights or has been copied in a way that constitutes a copyright infringement, please let our legal department know immediately at the contact us at [email protected]
Modifying and Terminating our Services
We strive to continually improve our Services. We may add or remove functionalities or features at any time and we may suspend or stop a Service altogether.
You have the right to stop using our Services at any time. Similarly, Heuro may also stop providing Services to you or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important to us. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. Notwithstanding the foregoing, there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER HEURO NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
WHEN PERMITTED BY LAW, HEURO AND HEURO’S SUPPLIERS AND DISTRIBUTORS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF HEURO, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, HEURO, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
About these Terms
We may modify or amend these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should review these terms regularly. If we change these Terms of Use, we will post changes on this page and, if the changes are material, we will provide a more prominent notice by sending you an email and/or posting a notice within the Terms of Use. If you do not agree to the modified Terms of Service, you should discontinue your use of our Services.
These terms control the relationship between Heuro and you. They do not create any third-party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
Resolving Disputes
By using the Services, you agree that these Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of these Terms of Use shall be finally settled by binding arbitration in New York County, New York, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one arbitrator with substantial experience in resolving intellectual property contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration will be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or an application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of these Terms of Use, both you and Heuro consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Southern District of New York or a state court located in the County of New York, New York.
CONSENT TO TELEHEALTH CARE
Our Services may include access to services performed by health care professionals using telehealth as a treatment modality. Such services may be provided directly by Heuro or through affiliated or third-party professional entities. The terms “telemedicine,” “telehealth,” and “distance care” refer to a form of health care services that relies on telecommunications technology, such as an interactive audio-video interface, that allows a patient or provider in one location to see, speak with, share information with, and consult with a provider in another distant location. During your telehealth consultation, details of your medical history and personal health information may be discussed with you or other health professionals through the use of interactive audio, video, or other telecommunications technology. Additionally, a physical examination of you, as well as other treatment steps, may take place, and audio, video, and/or photo recordings may be taken and used during the course of such treatment and/or subsequent treatment.
Electronic systems used during your telehealth encounter will incorporate network and software security protocols to protect the privacy and security of your health information and imaging data, and will include measures to safeguard your data to ensure its integrity against intentional or unintentional corruption. For more information, see our Privacy Policy.
Anticipated Benefits of Telehealth Care
- Improved access to health care services, by enabling you, the patient, to remain in your location while the health care provider may provide care to you from a distant site;
- More efficient medical evaluation and management;
- The opportunity to obtain expertise from a distantly located specialist;
- Enabling ongoing care and follow-up communication with a health care provider.
Possible Risks of Telehealth Care
As with any type or form of health care treatment, there are potential risks associated with the use of telehealth. These risks include, but may not be limited to:
- Delays in medical evaluation / treatment could occur due to deficiencies or failures of the electronic equipment;
- In rare instances, security protocols could fail, causing a breach of privacy of your personal medical information;
- In rare cases, a lack of access to all of your medical records may result in adverse drug interactions or allergic reactions or other judgment errors.
By using the Services, you understand and agree to the following:
- While you may expect the anticipated benefits from the use of telehealth, no results can be guaranteed.
- The federal and applicable state laws that protect the privacy and security of your health information apply to telehealth, and no information obtained in the use of telehealth care which identifies you will be disclosed to researchers or other entities without your authorization.
- You have the right to withhold or withdraw your consent to the use of telehealth care in the ongoing course of your care at any time.
- A variety of alternative methods of medical care may be available to you, and you may choose one or more of these at any time.
- Telehealth may involve electronic communication of your personal medical information to other health care providers who may be located in other areas, including outside of the state in which you reside.
- It is your duty to inform your provider of any electronic interactions regarding care that you may have with other health care providers.
Contact Us
If you have any questions, comments or concerns about the Services or these Terms of Use, please contact us as follows:
ONLINE
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HEURO, LLC |
Last modified: July 30, 2021