Patient App Terms Of Service

1. Introduction

These Terms of Use (“Terms” or “Terms of Use”) constitute a binding agreement between you and Percipio Health (“Percipio Health,” “we,” “us,” or “our”) and govern your access and use of our Percipio Health website and mobile application (“Platforms”). The term “you” refers to any individual and website visitor utilizing the Platforms. These Terms applies solely to your use of the Platforms, including all enhancements, versions, and modifications.

2. Conditions of Use

BY EITHER AFFIRMING ACCEPTANCE OF THESE TERMS, DOWNLOADING, REGISTERING FOR, ACCESSING, OR UTILIZING ANY PORTION OF THE PLATFORMS, YOU ACKNOWLEDGE THAT YOU: (1) HAVE READ, UNDERSTOOD, AND CONSENTED TO BE LEGALLY BOUND BY THESE TERMS; AND (2) THAT YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY WHERE YOU LIVE (WHICH IS CURRENTLY EIGHTEEN (18) YEARS OLD IN MOST STATES), AN EMANCIPATED MINOR UNDER STATE LAW, OR YOU ARE AT LEAST THIRTEEN (13) YEARS OLD AND HAVE THE PERMISSION OF YOUR PARENT OR GUARDIAN WHO MUST AGREE TO THIS AGREEMENT ON YOUR BEHALF. IMMEDIATELY DISCONTINUE USE OF THE PLATFORMS IF YOU DO NOT MEET OR AGREE WITH THE REQUIREMENTS AS SET FORTH IN THIS PARAGRAPH.

THE PLATFORMS ARE NOT INTENDED FOR EMERGENCY SITUATIONS. DO NOT USE THE PLATFORMS FOR IMMEDIATE MEDICAL ATTENTION. INSTEAD, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER IMMEDIATELY.

3. Modification of these Terms

Percipio Health retains the unilateral authority to alter these Terms at any time. If we modify these Terms, we will post the changes to these Terms and will indicate the date these Terms were last revised. You are responsible for regularly reviewing these Terms for updates. Your ongoing use of the Platforms signifies your consent to any updated Terms available via the Platforms.

4. Access, Use, and Management of the Platforms

You acknowledge that the conversion and transmission of data within the Platforms may be susceptible to errors, omissions, delays, and losses, including unintended data loss or damage to storage media. Percipio Health is not liable for any such issues. Moreover, you understand that the Internet and mobile device connections inherently bear security risks and that information sent or received may be vulnerable to unauthorized access, alteration, or disclosure. Percipio Health disclaims liability for any adverse consequences arising from your use of insecure connections or any violations of applicable laws or intellectual property rights.

To access, use, or download the Platforms, you may be required to provide personal information such as your name, email, and telephone number. You warrant that all information provided is accurate and truthful, and you authorize Percipio Health to use any means necessary to verify its accuracy in accordance with applicable law. Providing false or inaccurate information may terminate your access to the Platforms. Some functionalities, such as for the Platforms’ mobile application and portal, require secure account credentials (username, password, or PIN). You are solely responsible for the confidentiality of your account credentials, and you agree that will not share them with others or allow unauthorized access to the Platforms. Percipio Health disclaims any liability for losses incurred due to your failure to maintain the confidentiality of your account credentials. Immediate written notification to Percipio Health is required if you suspect or experience any unauthorized access to or security incident concerning your account.

5. Medical Disclaimers; No Provider/Patient Relationship

YOUR USE OF PERCIPIO HEALTH PLATFORMS, INCLUDING BUT NOT LIMITED TO CONTENT (AS DEFINED BELOW), SOFTWARE, AND FEATURES, IS NOT INTENDED TO REPLACE OR ACT AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. NO HEALTH CARE PROVIDER-PATIENT RELATIONSHIP IS CREATED BETWEEN YOU AND PERCIPIO HEALTH OR ANY OTHER PARTIES INVOLVED IN THE CREATION OR DELIVERY OF THE PLATFORMS. THIS APPLIES TO ALL OF THE PLATFORMS AND CONTENT, INCLUDING BUT NOT LIMITED TO PROVIDER LOCATION FEATURES, PERCIPIO HEALTH ANSWERS, EDUCATIONAL MATERIALS, BLOGS, AND SOCIAL MEDIA CHANNELS.

The Content (as defined below) made available on or through the Platforms is for informational and educational purposes only and should not replace the professional judgment of health care providers in diagnosing and treating patients. Percipio Health does not recommend or endorse any specific tests, physicians, treatments, medications, products, or procedures, nor does it guarantee the accuracy, completeness, or timeliness of the Content. Your reliance upon any such information is solely at your own risk.

You acknowledge that any Content and Platforms are intended as general guides and are not tailored to individual patient-specific requirements.

6. Content and Intellectual Property Information

The family of marks associated with Percipio Health, including but not limited to Percipio Health® Service Mark (SM #97494205), and any other proprietary branding ("Percipio Health Marks"), are federally registered trademarks and service marks owned by Percipio Health. Percipio Health also maintains common law rights in these marks and other designations in Percipio Health Marks. You shall not use the Percipio Health Marks without the express written permission of Percipio Health.

Any third-party trademark(s) that may appear in connection with the Platforms remain the property of their respective owners.

Certain content, information, and proprietary contents of the Platforms, including but not limited to, comments, data, software, photographs, graphs, animations, applets, audio, data, design, graphics, illustrations, images, information, Percipio Health Marks, music, photographs, text, video, works of authorship, trade secrets, processes, methodology, ideas, concepts, inventions, procedures, process, know-how, software code, databases, and any derivative works, modifications, updates, enhancements, upgrades, or improvements made thereto, including any insights gained through algorithmic or machine learning models or processes, and any other files displayed or made available ("Content"), as well as the arrangement, coordination, design, expression, look and feel, selection, and structure of such Content, are owned, controlled, or licensed by or to Percipio Health. These are protected by copyright, trade dress, trademark, and other intellectual property rights and unfair competition laws.

Percipio Health reserves all rights, title, and interest in the Content and the Platforms. Except as expressly provided in these Terms or by Percipio Health's express written consent, you are prohibited from copying, modifying, reformatting, leasing, loaning, selling, distributing, encoding, posting, publicly displaying, publishing, republishing, reproducing, deriving creative works from, translating, uploading, or otherwise exploiting in any manner any part of the Platforms and Content.

7. Your Use of the Platforms and Content

You are authorized to use the Platforms and Content strictly for personal, non-commercial purposes in compliance with all applicable laws, or for commercial purposes authorized by us in writing, such as through a services agreement. This authorization does not confer any transfer of intellectual property rights to you. You may print, download, and store information from the Platforms for your personal convenience. However, you are expressly prohibited from copying, distributing, republishing, selling, or exploiting any part of the Content or the Platforms for commercial purposes.

While using the Platforms, you shall not engage in the following prohibited conduct:

  • Infringe any copyright, patent, right of privacy, right of publicity, trademark, trade secret, or other proprietary rights of Percipio Health or any third party.

  • Use, copy, scrape, modify, download, or transfer the Platforms or any component of the Platforms (including, without limitation, the Content), in whole or in part, except as expressly provided in these Terms.

  • Harass, defame, or stalk any individual or other user of the Platforms.

  • Interfere with or compromise the integrity or security of the Platforms or decipher any transmissions to or from the servers running the Platforms.

  • Misrepresent your identity or affiliation, provide false information, impersonate another entity, or attempt unauthorized use of another user's account.

  • Use the Platforms: (i) to defraud any third party; (ii) to distribute obscene or other unlawful materials or information; and/or (iii) to disseminate or encourage conduct that could constitute a criminal offence or give rise to civil liability.

  • Engage in unsolicited communications, advertising, or solicitations.

  • Probe, scan, or test the vulnerability of the Platforms or breach any security measures.

  • Take actions that impose an unreasonable or disproportionately large load on the Platform’s infrastructure.

  • Reverse engineer, decompile, or disassemble any aspect of the Platforms or Content.

  • Assist any third party in engaging in any of the activities restricted by these terms.

Any violation of the conditions set forth in this Section may result, within Percipio Health’ sole discretion, in immediate termination of your access to the Platforms and may expose you to legal action.

8. Your Representations, Warranties, and Indemnification to Percipio Health

You make the following representations, warranties, and covenants to Percipio Health: (i) you possess full power and authority to comply with these Terms; (ii) your agreement to and execution of these Terms will not conflict with any other contract or arrangement to which you are a party, nor with any applicable laws; (iii) you are legally capable of entering into a binding contract, and these Terms represent enforceable commitments on your part; (iv) your use of the Platforms and will not violate the patent, copyright, trademark, trade secret, right of privacy, right of publicity, or any other intellectual or proprietary right of Percipio Health or any third party; (v) you have offered accurate, truthful, and complete details about yourself to access and utilize the Platforms; (vi) your use of the Platforms is not and will not be for improper, harassing, or unlawful ends; (vii) you will adhere to all applicable laws in your use of the Platforms including compliance with these Terms; (viii) you are not receiving financial compensation for the information you provide on the Platforms. You agree to indemnify and hold harmless Percipio Health against any claim, including costs and attorney's fees, arising from any breach by you of these Terms or non-compliance with any applicable laws or your use of the Platforms.

9. Disclaimers, Exclusions, and Limitations

Disclaimer and Warranties

THE PLATFORMS AND ANY CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES, EITHER EXPRESS OR IMPLIED. PERCIPIO HEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND LACK OF NEGLIGENCE. SPECIFICALLY:

  • YOU ARE SOLELY RESPONSIBLE FOR SELECTING AND USING THE PLATFORMS AND THEIR CONTENT TO MEET YOUR OBJECTIVES.

  • PERCIPIO HEALTH MAKES NO GUARANTEES THAT THE PLATFORMS WILL BE SECURE, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS, INCLUDING BUT NOT LIMITED TO, ANY VIRUSES, TROJAN HORSES, WORMS, OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS.

  • PERCIPIO HEALTH IS NOT RESPONSIBLE FOR THE ACCURACY OR TIMELINESS OF INFORMATION OBTAINED FROM THIRD PARTIES USED WITHIN THE PLATFORMS.

  • THERE IS NO GUARANTEE THAT USER-PROVIDED INFORMATION IS ACCURATE OR ERROR-FREE.

  • PERCIPIO HEALTH MAKES NO REPRESENTATION OR WARRANTY REGARDING THE SUITABILITY OF ANY PERSONS PARTICIPATING IN THE PLATFORMS OR THE AFFILIATED PLATFORMS OR REGARDING THE CHARACTER OR INTEGRITY OF SUCH PERSONS.

Limitation of Liability and Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CONDITIONS AND NO LEGAL THEORY SHALL PERCIPIO HEALTH OR ITS SUPPLIERS, VENDORS OR THIRD PARTY SUPPLIERS OR ANY THIRD PARTIES REFERENCED IN THE PLATFORMS BE HELD ACCOUNTABLE TO YOU OR TO ANY OTHER INDIVIDUAL OR ENTITY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION, OR ANY OTHER PECUNIARY LOSS), INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, RESULTING FROM OR IN ANY MANNER CONNECTED TO THE UTILIZATION OR INABILITY TO UTILIZE THE PLATFORMS, CONTENT, OR OTHERWISE IN RELATION TO ANY CLAUSE OF THESE TERMS OF USE. THIS APPLIES EVEN IN CASES OF FAULT, TORT, INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY , AND EVEN IF THESE PARTIES HAVE BEEN MADE AWARE OF THE POTENTIAL FOR SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS CLAUSE GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

10. Indemnification

At our request, you agree to defend, indemnify, and hold harmless Percipio Health, its affiliated companies, and their employees, contractors, officers, and directors, and service providers from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses that arise from your use or misuse of the platforms, violation of these Terms, or violation of any rights of a third party. Percipio Health reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defenses.

11. General Privacy Policy

Please read the Percipio Health Privacy Policy (“Privacy Policy”) carefully to understand how Percipio Health collects, uses, and discloses information, including personally identifiable information. We may revise and update the Privacy Policy from time to time in our sole discretion. All changes are effective immediately when we post them and apply to our collection, use, and disclosure of information thereafter.

12. Violation of Terms of Use

You acknowledge that should you breach these Terms, Percipio Health has the right to terminate your access to and/or use of the Platforms and any associated platforms without prior notice at its sole discretion. If Percipio Health determines, within its sole discretion, that you have violated any of these Terms, it may disclose any information, including your identity, for any investigation or legal action concerning your use of the Platforms. Percipio Health may also disclose such information to comply with applicable laws or if such disclosure is permitted by these laws, including for fraud protection by sharing information with other organizations. You agree that Percipio Health can store any communications between you and Percipio Health via the Platforms and disclose them when mandated by applicable laws or when Percipio Health determines it’s necessary to: (1) comply with legal proceedings; (2) uphold these Terms; (3) respond to allegations that any communication or information posted violates the rights of third parties; or (4) safeguard the rights, property, or safety of Percipio Health, its employees, and users of Platforms. If Percipio Health brings legal action against you due for violating any of these Terms, you agree to reimburse Percipio Health for all reasonable legal fees and other expenses in addition to any other relief granted to Percipio Health. Percipio Health shall not be liable for terminating your access to and/or use of the Platforms or for the removal of any posted information or communication as a result of your violation of these Terms.

13. Void Where Prohibited

At its sole discretion, Percipio Health retains the right to restrict the availability and quantity of the Platforms, Content, or features to specific individuals or geographic areas due to applicable laws in such areas or for other reasons.

14. Governing Law

These Terms of Use shall be governed, construed, and applied in all respects by the laws of Texas, without regard to any provision governing conflicts of law. Any legal suit, action, or proceeding arising out of or related to these Terms or the Platforms shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Plano and Collin County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

15. Modification or Termination of Platforms

The Terms shall stay full force as long as you engage with, download, or otherwise use the Platforms. You have the option to discontinue using the Platforms whenever you choose. If you hold a registered account, you can terminate it by emailing a termination request to accounting@percipiohealth.com. Percipio Health reserves the right to alter, enhance, discontinue, or otherwise change any or all aspects of the Platforms without any liability, at any time and for any reason, without issuing prior notice. Percipio Health may inform you of such changes by updating these Terms or through alternative channels such as email. Once these Terms are terminated, any rights conferred upon you by these Terms will cease to exist. You must adhere immediately to any notice of termination, including, but not limited to, ceasing all engagement with the Platforms. Percipio Health is not obligated to maintain any account records, data, or information you may have interacted with on the Platforms except as required by applicable law.

 

16. Force Majeure

Percipio Health will not be deemed to be in breach of these Terms or liable for any breach of these Terms or our Privacy Policy due to any event or occurrence beyond our reasonable control, including, without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, Internet outage, labor disturbance, earthquakes or floods, civil disorder, strikes, fire, pandemics, epidemics, or other disaster.

17. Miscellaneous

Entire Agreement, Waiver

These Terms constitute the entire agreement between you and Percipio Health about your access and use of the Platforms. Percipio Health shall accept no counter-offers to these Terms of Use. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

 

Assignment and No Third-Party Beneficiary

Percipio Health may assign these Terms at any time, including, without limitation, subsidiary or any affiliated company, or as part of the sale to, merger with, or other transfer of our business or any assets to another entity. You may not assign, transfer, or sublicense these Terms to anyone else, and any attempt to do so in violation of this Section shall be null and void. These Terms do not confer any rights or remedies on any third parties unless expressly provided for herein.

 

Headings

The headings of the sections of these Terms are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret, or construe their meaning, scope, or intent.

 

Time Period and Limitation for Filing Claims

You acknowledge and concur that you and Percipio Health intend to restrict the time frame within which a legal claim may be initiated, even if this duration is shorter than the period stipulated by the applicable statute of limitations. Accordingly, you agree that any legal action or claim arising out of or in connection with your relationship with Percipio Health or this Agreement must be filed within one (1) year from the date the cause of action first materializes. Any actions or claims not brought within this one year shall be irrevocably and permanently barred.

 

Severability

If any provision of these Terms is found by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law.