IV Therapy & Subscription User Terms of Service
IV Therapy User Terms of Service
If you have received testing from an ivee affiliated pop-up, these Terms and Conditions do not apply to you, please see COVID-19 Viral Testing Consent, COVID-19 Antibody Testing Consent, and COVID Testing HIPAA Rights for more information on the terms that apply to you.
NO MEDICAL ADVICE; MEDICAL DISCLAIMER
Our Platform is designed to enable you to request intravenous hydration services (among other related services and offerings) which are provided by licensed medical professionals. Your use of our Platform will help to identify you to the licensed healthcare professional that will render the care. Your use of the Platform is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. The information presented on our Platform is not intended as a substitute for diagnosis or treatment by a qualified physician. Moreover, Ivee.app recommends that you consult your physician before making changes to any current medications. Never disregard professional medical advice or delay in seeking it in an emergency.
If you think you may have a medical emergency, call your doctor or 911 immediately. Ivee.app does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned anywhere on the Platform. Reliance on any information provided by Ivee.app is solely at your own risk.
ALL AVAILABLE DRIPS FEATURED BY IVEE.APP ON THE PLATFORM THAT WILL BE ADMINISTERED BY LICENSED HEALTH CARE PROFESSIONALS ARE ELECTIVE TREATMENTS FOR WELLNESS AND HEALTH MAINTENANCE ONLY. AS SUCH, THESE DRIPS, INJECTIONS OR THERAPIES ARE NOT INTENDED TO TREAT OR CURE ANY DISEASE.
Notwithstanding the services that Ivee.app seeks to facilitate via the Platform, Ivee.app does not condone, recommend or encourage excess alcohol consumption. Please drink responsibly.
Lastly, Ivee.app reserves the right to refuse facilitating services to anyone regardless of any physicians’ assessment, and for any reason.
Subject to your acceptance of and compliance with these Terms, Ivee.app hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right and license to access and use our Platform, solely in accordance with these Terms. To access our Platform, you will be asked to register and maintain an active user account (your “Account”), which may include, among other things, your credit card information and/or other valid payment method. You hereby acknowledge, understand and agree that your use of our Platform is intended for your personal, non-commercial use, unless otherwise previously authorized by us in writing. Please note that Ivee.app reserves the right, in our sole discretion, to require presentation of valid identification, prior to providing any services to you.
Collection Of Your Personal Information
Ivee.app collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number (collectively, your “Personal Information”). Ivee.app also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites. There is also information about your computer and mobile device hardware and software that is automatically collected by Ivee.app. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used by Ivee.app for the operation of our Platform, to maintain quality of our services, and to provide general statistics regarding use of our Platform.
Use Of Your Personal Information
Ivee.app collects and uses your Personal Information to (i) operate our Platform; (ii) deliver the services you have requested; and (iii) inform you of other products or services available from Ivee.app and its affiliates. Ivee.app may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered. Ivee.app does not sell, rent or lease its customer lists to third parties. Ivee.app may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your Personal Information is not transferred to the third party. In addition, Ivee.app may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Ivee.app, and they are required to maintain the confidentiality of your information. Ivee.app keeps track of the websites and pages our customers visit within our Platform, in order to determine what Ivee.app services are the most popular. This data is used to deliver customized content and advertising within Ivee.app to customers whose behavior indicates that they are interested in a particular subject area. Ivee.app will disclose your Personal Information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) comply with applicable law or legal process served on Ivee.app or our Platform; (b) protect and defend the rights or property of Ivee.app; and (c) act under exigent circumstances to protect the personal safety of users of Ivee.app, or the public.
Consent to Use of Aggregated Data
You are solely responsible and liable for: (a) the selection of our Platform to achieve your intended results; (b) obtaining, provisioning, configuring, maintaining, paying for, and protecting from loss and damage all equipment (including devices) and services necessary for the installation and use of our Platform; (c) providing a safe and suitable location and environment for the installation and use of our Platform; (d) the use, installation, implementation and operation of our Platform and the results obtained therefrom; (e) scanning for and preventing the receipt and transmission of viruses, Trojan horses, worms or other destructive or disruptive components; and (f) maintaining complete and current backup and archival copies of all data contained on your device prior to installing or while using our Platform.
No Unlawful Or Prohibited Use
You may use our Platform only (i) if you are eighteen (18) years of age or older and are of the age of consent in your jurisdiction, and (ii) for lawful purposes and in accordance and full compliance with any and all applicable international, federal, state, municipal, local or other laws or regulations.
You hereby further undertake not to:
• Disable, damage, impede, impair, violate or interfere with the functioning of our Platform, its security, its related servers or networks, or any other party’s use of our Platform, whether by the use of malware or otherwise, or otherwise create a denial of service, or falsify the origin of a user’s communications;
• alter, damage or delete any material appearing on our Platform;
• Reverse engineer, disassemble, decode or otherwise attempt to derive or gain access to the source code of any software embodied within our Platform or any part thereof;
• Rent, lend, sell, sublicense, assign, publish, transfer or otherwise make available our Platform or any features thereof, to any third party, for any reason;
• Remove, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting our Platform;
• Threaten, harass, stalk, spam, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of other users; and/or
• Otherwise engage or cause any third party to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of our Platform, infringes any third party rights, or which, as reasonably determined by us, may expose Ivee.app or the users of our Platform to any liability.
Ivee.app reserves the right, in its sole discretion, at any time and without notice, to terminate your access to our Platform and the related services or any portion thereof (and all other rights granted to you herein). You may terminate your license to use our Platform at any time and for your convenience, by notifying us in writing of your decision.
Upon termination: (i) all rights granted to you under these Terms will be terminated; (ii) you must cease all use of our Platform; (iii) you will remain liable for all fees, charges and any other obligations you have incurred through the date of termination with respect to our services. For the avoidance of doubt, termination of your use of our Platform will not limit in any way and of Ivee.app’s rights or remedies at law or in equity, all of which are expressly reserved hereby.
Fees, Payment, & Refunds
You hereby agree to pay Ivee.app the full payment for all scheduled service(s) when a booking is made, pursuant to all Ivee.app payment terms and conditions. Refunds are not issued for missed appointments. In the case of canceling an appointment, a notice of appointment cancelation is required a minimum 1 hours beforehand. Failure to provide the advanced notice will result in a charge of the full payment amount for the service(s) scheduled. Appointments may be canceled by sending an email to support at email@example.com or by calling 6109996290. Ivee.app will issue refunds to clients for appointments if the designated medical professional is unavailable to meet the appointment booking and cancels within four (4) hours of his/her scheduled arrival time.
In addition to the foregoing, if the designated medical professional determines in his/her sole discretion that you have made misrepresentations with respect to the information you supplied via the Platform and/or if, in such medical professional’s sole discretion, you are not appropriate to receive Ivee.app services, such professional will not render the services ordered and you will be charged the full payment amount therefor.
Upon acceptance of these Terms and each time you place an order for services, you hereby authorize Ivee.app to charge your credit card (or other payment method) for the applicable fees, charges and taxes.
Our Platform, and the information and material therein, including our Platform’s features, functionality and content are the exclusive property of Ivee.app, its licensor and/or providers of Third Party Materials and are protected by copyright or other intellectual property laws. Using our Platform does not give you ownership of any intellectual property rights in our Platform or the content you access.
In the event you elect to communicate to us feedback and suggestions for improvements in connection with our Platform, or post, upload, input or submit to any Platform or its associated services any materials (collectively “Submissions”), Ivee.app shall own all right, title, and interest in and to the same and shall be entitled to use them without restriction. No compensation will be paid with respect to the use of your Submission, as provided herein. Ivee.app is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Ivee.app’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Our Platform may display, include or make available third-party content (including information, and other materials) or provide links to third-party websites or services, including through advertising (collectively, “Third Party Materials”). You acknowledge and agree that Ivee.app is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Ivee.app does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
IVEE.APP AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN OUR PLATFORM AT ANY TIME. ADVICE RECEIVED VIA OUR PLATFORM SHOULD NOT BE RELIED UPON FOR PERSONAL OR MEDICAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. IVEE.APP DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES CONCERNING THE INTEGRITY, COMPETENCE, QUALIFICATIONS, STANDING, STATUS, SUITABILITY, COMPLIANCE WITH PROFESSIONAL RULES, ACCURACY OR LEGALITY OF ADVICE OF medical professionals, OR THE OUTCOME, QUALITY, OR COMPLETION OF THEIR SERVICES.
IVEE.APP (INCLUDING ITS personnel) does not make ANY WARRANTY, GUARANTEE OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, QUALITY, SUITABILITY, ACCURACY OR AVAILABILITY OF OUR PLATFORM OR OUR SERVICES. WITHOUT LIMITING THE FOREGOING, IVEE.APP DOES NOT REPRESENT OR WARRANT RESULTS OF THE USE OF OUR PLATFORM, ITS CONTENT OR ANY OF OUR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT OUR WEBSITE OR APPLICATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR PLATFORM OR ANY OF THE SERVICES WILL MEET YOUR EXPECTATIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. IVEE.APP (INCLUDING ITS STAFF) HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation on Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF OUR PLATFORM AND THE SERVICES REMAINS WITH YOU. IN NO EVENT SHALL IVEE.APP OR ANY OF ITS MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, OR AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, INCLUDING ANY LOSS OF PROFITS OR ANTICIPATED SAVINGS, ANY EMOTIONAL DISTRESS, LOSS OF DATA, USE, GOODWILL, OR OTHER MONETARY OR INTANGIBLE LOSSES, RESULTING FROM: (1) YOUR ACCESS TO OR USE OF (OR DELAY OR INABILITY TO ACCESS OR USE) OUR PLATFORM (INCLUDING OUR SERVICES); (2) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (3) ANY CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS SUBMITTED TO OR OBTAINED/ACCESSED THROUGH OUR PLATFORM; (4) ANY SERVICES PROVIDED ON OR OBTAINED THROUGH OUR PLATFORM; OR (5) ANY COMMUNICATIONS OR DEALINGS WITH, OR CONDUCT OF OTHER USERS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING DISCLAIMERS AND LIMITATIONS, WE SHALL BE HELD LEGALLY LIABLE FOR LOSS OR DAMAGE, TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF IVEE.APP, (INCLUDING ITS MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, REPRESENTATIVES OR AGENTS), FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE USE OF OUR PLATFORM, IS LIMITED TO THE AMOUNT YOU PAID US FOR OUR direct SERVICES IN THE 12 MONTH PERIOD PRECEDING THE FILING OF SUCH CLAIM. YOU AGREE THAT LIMITATION AND DISCLAIMERS PROVIDED IN THESE TERMS ARE REASONABLE AND WERE TAKEN INTO CONSIDERATION WHEN USING OUR PLATFORM. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless Ivee.app, our affiliates, independent contractors and consultants, and each of their respective officers, employees, agents, affiliates, successors and assigns, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (i) your use of or inability to use our Platform; (ii) your breach of violation of these Terms, any applicable law or the rights of any third party; and/or (iii) your gross negligence, fraud and/or willful misconduct.
Ivee.app may, from time to time, in its sole discretion develop and provide mobile application updates, which may include changes to these Terms, upgrades, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You shall promptly download and install all Updates and you acknowledge and agree that our Platform or portions thereof may not properly operate should you fail to do so.
In addition to applicable disclaimers identified above, our incomplete performance or failure to perform our duties under these Terms will not be considered a breach of these Terms and shall be fully excused in the event of interruption and/or delay due to causes beyond our reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, natural disasters (including without limitation, the elements, fire, and earthquake), explosion, acts of terrorism, power failures, equipment failure, industrial or labor disputes, acts of third party information providers, third party software errors or failures or communications interruptions or failures and all other events beyond our reasonable control.
Assignment; No Third-Party Beneficiaries
Governing Law; VENUE; Limitation of Time to File Claims
The validity, interpretation and enforcement of these Terms, matters arising therefrom or related thereto or to our Platform shall be governed by the internal laws of the State of California, without reference to choice of law doctrine.
Any legal action or proceeding concerning the validity, interpretation and enforcement of these Terms, matters arising therefrom or related thereto or to our Platform, shall be brought exclusively in the Federal and State courts located in San Francisco, California, and you consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HERETO VOLUNTARILY WAIVE (IN CONNECTION WITH ANY DISPUTE ARISING OUT OF THESE TERMS OR OUR PLATFORM), ANY RIGHT TO: (1) A TRIAL BY JURY IN ANY LITIGATION IN ANY COURT; AND (2) BRING CLAIMS AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE WAIVED.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE PLATFORM OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
These Terms constitute the entire agreement between you and Ivee.app with respect to our Platform, and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect thereto. Your access of our Platform shall not be construed as creating a partnership, employment, agency, or joint venture relationship between Ivee.app and you. No failure to nor delay in exercising any right or any power hereunder by either party shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable purchase agreement or other terms, these Terms shall govern. If any provision of these terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect. These Terms will be binding upon, and inure to the benefit of the parties and their respective successors and assigns. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Notices; Contact Us
Any notices or other communications permitted or required hereunder will be in writing and delivered by Ivee.app to you (i) by email (to the address that you maintain with your Account); or (ii) by posting on our Platform. You are responsible to maintain your email mailbox and agree to check your mailbox frequently. We assume no responsibility for a missed communication or any consequence caused by such missed communication. All notices shall be deemed effective one (1) business day after successful transmission (or posting) thereof. Should you have any questions about these Terms or otherwise need to contact us for any reason, please email us or contact us at: ivee.app Corp., 361 Vista Dr. Phoenixville, PA, 19460.
Membership User Terms of Service
These Membership Terms of Service (“Terms”), which includes an agreement to arbitrate and consent to electronic communications, govern your access to and use of services provided by ivee.app Corp. (“ivee”, “we”, “us”, or “our”), including the ivee website located at ivee.app, the ivee mobile application, membership services that include personal healthcare navigation services, wellness services, communication services, facilitation of access to telehealth services, including certain on-demand app and video-based telehealth services, and other technology-enabled or personal services provided by ivee or its affiliate (collectively, the “Services”). Please read these Terms carefully before using the Services. By accessing or using the Services you agree to be bound by these Terms. If you are accepting these Terms for another person (“Family Member”) as such Family Member’s parent, guardian, conservator, or custodian, you agree to the terms, conditions, and notices contained or referenced herein on behalf of such Family Member.
ivee is affiliated with the ivee Medical professional corporations and their affiliated medical services providers, including IV MEDICAL NEW YORK PLLC a provider of telehealth services (the professional corporations collectively, “ivee medical”), where ivee provides management and administrative services to ivee medical. ivee medical provides medical services, including telehealth services. These Terms govern your access to and use of the Services offered by ivee. Our Medical Terms of Service govern our provision, and your and your Family Member’s use of medical services provided by ivee medical or its regional health system partners. Please read the Medical Terms of Services carefully before using ivee medical medical services. YOU AGREE THAT DISPUTES BETWEEN YOU AND IVEE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE DISPUTE RESOLUTION PROCESS DESCRIBED IN SECTION 12 BELOW. UNLESS YOU OPT-OUT OF ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU WISH TO OPT OUT OF ARBITRATION, FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN SECTION 12.
1. Updates to the Terms
We may modify these Terms from time to time. We will notify you of material changes by posting the updated terms on our website and the mobile application at least thirty (30) days before the effective date of the changes. If we have your email on file, we will also notify you of material changes to the Terms by email at least thirty (30) days before the effective date of the changes. Please make sure we have your current email address so that you will receive notice of any material changes. If you do not agree with the proposed changes, you should discontinue your use of the Services before the effective date of the changes. If you continue using the Services after the effective date, you will be bound by the updated Terms.
2. Account Registration and Security
You may use the Services only for your own personal, non-commercial use. If you are registering on behalf of your Family Member, your Family Member may only use the Services for their own personal, non-commercial use. To access certain features of the Services or to become a member, you will have to create an account via the website at www.iveeapp.com or the ivee medical mobile app. It is important that you provide us with accurate and complete information for your account, and update as needed. You are responsible for protecting your account username and password, and for all activities that occur under your account. You should immediately notify us of any unauthorized use of your account. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We will not be responsible for any loss or damage due to your failure to protect your account or your personal information.
3. Acknowledgement of Membership Fee
ivee charges monthly or annual membership fees (the “Membership Fee”) for access to certain features of the Services. The Membership Fee may be modified by ivee from time to time. Certain members may have access to the Services through their employers, professional affiliations, partnerships, or other organizations, and as a result, the Membership Fee will not apply to such members.
The Membership Fee covers costs associated with personal services that enhance your healthcare experience, tools to facilitate access to healthcare services, and certain on-demand telehealth services, but are typically not covered by or billed to insurance. Membership services include higher-touch personal services such as insurance and billing navigation, advice on provider selection, specialist booking and referral management, 24/7 connection to our services team, digital tools for easy access to ivee and ivee medical services, including telehealth services, as well as lifestyle and wellness offerings. PAYMENT OF THE MEMBERSHIP FEE TO IVEE IS NOT A REQUIREMENT TO RECEIVE MEDICAL SERVICES AT IVEE. There are options for accessing medical services, excluding app and video-based telehealth services, with ivee medical without payment of this fee, such as requesting a financial needs-based waiver or requesting limited access to ivee medical providers without the benefits of ivee value-added membership services or digital tools facilitating access to Services and care. To learn more about the Membership Fee and these options, contact us at firstname.lastname@example.org
The Membership Fee is not a covered benefit under most health insurance plans or other healthcare benefit plans such as the Health Saving Account or Flexible Spending Account. As a result, you acknowledge that you may not be able to submit the Membership Fee for coverage under your insurance or benefit plan, and as such, you will be responsible for the cost of such Membership Fee.
For our paid members, ivee will charge your Membership Fee to your designated billing account. You agree to make the payment using your chosen payment method. IF YOUR ACCOUNT IS SUBJECT TO THE MEMBERSHIP FEE, YOU AUTHORIZE US TO CHARGE YOUR CHOSEN PAYMENT METHOD THE MEMBERSHIP FEE AT THE TIME OF INITIAL PAYMENT AND EACH RENEWAL, UNTIL YOU CANCEL. YOU MUST CANCEL YOUR MEMBERSHIP BEFORE IT RENEWS TO AVOID BEING CHARGED THE MEMBERSHIP FEE FOR THE NEXT MONTH. YOU CAN CANCEL YOUR MEMBERSHIP AT ANY TIME BY LOGGING INTO YOUR IVEE MEDICAL ACCOUNT AND SELECT “CANCEL MEMBERSHIP” OR CONTACTING US AT HELLO@IVEE.APP. IF YOU CANCEL YOUR MEMBERSHIP AND YOUR SUBSCRIPTION TERM HAS NOT EXPIRED, YOU MAY CONTINUE TO USE THE SERVICES UNTIL THE END OF YOUR THEN-CURRENT MEMBERSHIP TERM AND YOUR MEMBERSHIP WILL NOT BE RENEWED AFTER YOUR THEN-CURRENT TERM EXPIRES. HOWEVER, YOU WON’T BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE MEMBERSHIP FEE PAID FOR THE THEN-CURRENT MEMBERSHIP PERIOD.
If the amount to be charged to you varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), for example, due to an increase in the Membership Fee, you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge at least 30 days before the scheduled date of the transaction. If you do not agree with the new amount in the notice, you may cancel the transaction by logging into your account and selecting “cancel membership” or contacting us at email@example.com.
4. Free Trials and Other Promotions
ANY TRIAL, PROMOTION, OR TEMPORARY MEMBERSHIP (“TRIAL”) THAT PROVIDES FULL OR PARTIAL MEMBERSHIP ACCESS TO THE SERVICES IS MADE AVAILABLE ONLY TO INDIVIDUALS 18 YEARS OF AGE OR OVER, UNLESS OTHERWISE EXPLICITLY STATED, WITHIN THE SPECIFIED TIME PERIOD (“TRIAL PERIOD). TRIALS ARE ONLY FOR THE TRIAL MEMBERS’ PERSONAL USE, AND MAY NOT BE SHARED OR RESOLD. YOU MAY BE REQUIRED TO PROVIDE YOUR CREDIT CARD AND INSURANCE INFORMATION WHEN REGISTERING FOR THE TRIAL OR OTHERWISE DURING THE TRIAL. MEMBERSHIP FEES SHALL BE WAIVED OR DISCOUNTED DURING THE TRIAL PERIOD IN ACCORDANCE WITH THE ASSOCIATED OFFER. TRIALS DO NOT APPLY TO BILLABLE MEDICAL SERVICES. YOU UNDERSTAND AND AGREE THAT MEDICAL SERVICES SOUGHT DURING THE TRIAL (INCLUDING WITHOUT LIMITATION, IN-OFFICE CARE, REMOTE BILLABLE VISITS (E.G. “REMOTE VISITS”) AND THIRD PARTY SERVICE (E.G. FOR LABS OR PRESCRIPTIONS)) WILL REMAIN BILLABLE DURING THE TRIAL PERIOD, AND MAY BE BILLED TO YOU OR YOUR INSURANCE AS APPLICABLE.
FOR TRIALS THAT CONVERT TO PAID MEMBERSHIP AT THE END OF THE TRIAL, IF YOU DO NOT WISH TO CONTINUE AS A PAID MEMBER, YOU MUST CANCEL YOUR TRIAL MEMBERSHIP BEFORE THE END OF THE TRIAL PERIOD IN ORDER TO AVOID BEING CHARGED THE MEMBERSHIP FEE. WE WILL SEND YOU A REMINDER, BUT YOU MAY CANCEL ANYTIME VIA THE “SETTINGS” PAGE IN YOUR ACCOUNT, UNDER “MEMBERSHIP AND BILLING”, OR YOU CAN CONTACT US AT HELLO@IVEE.APP. IF YOU CANCEL PRIOR TO THE END OF THE TRIAL PERIOD BUT ARE INADVERTENTLY CHARGED THE MEMBERSHIP FEE, PLEASE CONTACT US AT HELLO@IVEE.APP FOR A REFUND.
IF YOU ARE A RESIDENT OF A COUNTRY OTHER THAN THE UNITED STATES (U.S.), ANY TRIAL MAY BE USED ONLY WHILE YOU ARE PHYSICALLY LOCATED IN THE U.S. AND ITS TERRITORIES, AND SUCH TRIAL AUTOMATICALLY TERMINATES UPON YOUR DEPARTURE FROM THE U.S. AND ITS TERRITORIES. YOU UNDERSTAND AND AGREE THAT YOU ARE NOT AUTHORIZED TO ACCESS THE SERVICES FOLLOWING SUCH TERMINATION, AND THAT NON-U.S. RESIDENTS MAY NOT USE THE SERVICES OUTSIDE OF THE U.S. AND ITS TERRITORIES.
5. Service Use Termination
You may terminate your use of the Services at any time by not using the Services any more. If you wish to terminate your membership, you can do so by logging into your account and selecting “cancel membership” or contacting us via email at firstname.lastname@example.org. If you terminate your membership, your membership will remain active until the end of your then-current membership period.
We may terminate the Services or your use of the Services at any time for any reason by sending notice to you at the email address you provided or otherwise contacting you or posting a notice on the Services. In order to protect the integrity of the Services, we may, at any time in our sole discretion, block users from certain IP addresses from accessing the Services. We are not required to provide you with notice prior to terminating or blocking your use of the Services or an associated reason. If we terminate your use of the Services because you have breached these Terms or any other agreement you have entered into with us, you will not be entitled to any refund of the paid Membership Fee. If we terminate the Service or your access to the Services other than due to your breach of these Terms or any other agreement you have entered into with us, you will be entitled to a pro rata refund of the Membership Fee that you paid for the remainder of your membership period.
6. Use of the Services
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right and license to use the Services solely for your personal and non-commercial purposes. Your use of the Services must be in accordance with all applicable laws. You acknowledge that you do not acquire any other rights in the Services or any component thereof.
The following is a list of the type of actions that you may not engage in with respect to the Services:
- You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, access, retrieve, index, “data mine”, or in any way reproduce or circumvent, avoid, bypass, remove, or deactivate the navigational structure or technical measures or presentation of the Services or its contents;
- You will not interfere, access, tamper with or disrupt the Services or the servers or networks connected to the Services;
- You will not attempt to probe, scan or test the vulnerability of the Services or any of our systems or network or breach any security or authentication measures;
- You will not use any meta tags or other hidden text or metadata utilizing our trademarks, logos, URLs or product names without our express written consent;
- You will not use the Services or content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- You will not post, distribute, or reproduce in any way any content that infringes third party intellectual property rights or violates third party rights of privacy or rights of publicity;
- You will not use, display, “frame” or “mirror” any part of the Services, our names, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without prior written authorization from us;
- You will not collect or store any personal information, including personally identifiable information, from others without their express permission;
- You will not provide any inaccurate, incomplete, false or misleading information about yourself when using the Services;
- You will not allow any other person to use your account, username or password to access the Services, and you will not use your account for any other person; and
- You will not assist or permit any person to engage in any of the activities described in this Section.
The Services are intended for use only within the United States and its territories. We make no representation that the Services are appropriate, or are available for use outside the U.S. and its territories. Those who choose to access and use our Services from outside the U.S. and its territories do so on their own initiative, at their own risk, and are responsible for compliance with applicable laws. IF YOU ARE A RESIDENT OF A COUNTRY OTHER THAN THE UNITED STATES (U.S.), YOU MAY USE THE SERVICES ONLY WHEN YOU ARE PHYSICALLY LOCATED IN THE U.S. AND ITS TERRITORIES. YOUR LICENSE AND RIGHT TO USE THE SERVICES AUTOMATICALLY TERMINATES UPON YOUR DEPARTURE FROM THE U.S. AND ITS TERRITORIES. YOU UNDERSTAND AND AGREE THAT NON-U.S. RESIDENTS MAY NOT USE THE SERVICES OUTSIDE OF THE U.S. AND ITS TERRITORIES.
7. Consent to Electronic Communications
If you later decide that you do not want to receive certain future communications electronically, please send an email to email@example.com .com or a letter to ivee.app Corp, 81 Prospect St, Brooklyn, NY 11201. You may also opt out of certain electronic communications through your account or by following the unsubscribe instructions in any communication you receive from ivee. Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice described above.
ivee will need to send you certain communications electronically regarding the Services. You will not be able to opt out of those communications – e.g., communications regarding updates to the Terms or information about billing. Your withdrawal of consent will not affect the legal validity or enforceability of the Terms provided to and accepted by, you. If you withdraw your consent to receive communications electronically, certain Services may become unavailable to you.
8. Intellectual Property Rights
ivee and our licensors retain all ownership rights, title and interest (including all intellectual property rights) worldwide to the Services, including to all software and content. No rights are granted to you other than as expressly set forth in these Terms. All trademarks, service marks and trade names are owned by ivee or other respective owners.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, OR RESULTING FROM ANY CONTENT POSTED ON THE SERVICES.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, AND WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. FURTHERMORE, WE AND OUR LICENSORS DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
Any general advice that may be posted on the Services is for informational purposes only and is not intended to replace or substitute for any medical or other advice. To the maximum extent not prohibited by law, we make no representations or warranties and expressly disclaim any and all liability concerning any treatment of, action by, or effect on any person following the general information offered or provided within or through the Services. If you have specific concerns or a situation arises in which you require medical advice, you should consult with an appropriately trained and qualified medical services provider
10. Limitation of Liability
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE AND OUR AFFILIATES, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT OR OTHER LEGAL THEORY AND EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU ARISING FROM THESE TERMS, OR THE USE OF OR INABILITY TO USE THE SERVICES WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $100.00 OR THE AMOUNTS PAID BY YOU TO US FOR ACCESS TO AND USE OF SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
11. Exclusive Remedy
If you are dissatisfied with the Services, your sole and exclusive remedy is to stop using the Services and cancel your membership account (if applicable).
12. Dispute Resolution
Agreement to Arbitrate
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). You will also have the right to litigate any other Dispute if you provide us with written notice to opt out of arbitration (“Arbitration Opt-out Notice”) by email at firstname.lastname@example.org or by regular mail to ivee.app Corp, 81 Prospect St, Brooklyn NY, 11201 within thirty (30) days following the date you first accept these Terms, or if you have not registered for an account, then within thirty (30) days following the date you first use our Services. If you don’t provide us with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide us with an Arbitration Opt-out Notice, will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide us with an Arbitration Opt-out Notice, you acknowledge and agree that you are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless you otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If a decision is issued stating that applicable law precludes enforcement of any limitations set forth in this Agreement to Arbitrate on the right to arbitrate claims on a class or representative basis, or as part of a consolidated proceeding, as to a given claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in the state or federal courts located in the Northern District of California. All other claims will be arbitrated. This “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. AAA provides a general form for a Demand for Arbitration and a separate form for Demand for Arbitration for California residents. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you agree with us otherwise, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that are submitted to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. We will not seek, and hereby waive all rights we may have under applicable law to recover, attorneys’ fees and expenses if we prevail in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, we will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding anything to the contrary in these Terms, if we change this “Dispute Resolution” section after the date you accepted these Terms or access our Services, you may reject any such change by sending us written notice (including by email to email@example.com ) within 30 days of the date such change became effective, as indicated in the “Effective Date” listed at the beginning of these Terms or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the provisions of this “Dispute Resolution” section as of the date you accepted these Terms, or accessed our Services.
13. Links to Third-Party Applications and Websites
The Services may allow you to connect your account to applications owned or operated by third parties, including device makers, or may link to other websites that are owned or operated by third parties. We are not responsible, and disclaim all liability, for the privacy, security, performance, and service practices of such third parties, nor are we responsible for any content, advertising, products, services or other materials made available on or through any such third party applications or websites. We make the connections and links available to you only as a convenience, and it is your decision whether to connect to third party applications or access third party websites.
14. General Provisions
- These Terms make up the entire agreement relating to your use of the Services, and supersede all prior agreements relating to the subject matter hereof.
- These Terms will be governed by the laws of the State of New York without regard to its conflict of laws provisions.
- We may change, suspend, or discontinue any of the Services at any time. We will try to give you prior notice of any material changes to the Services, but we are not obligated to do so. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
- These Terms do not confer any third-party beneficiary rights. You may not transfer any of your rights or obligations under these Terms to anyone else without our consent.
- We appreciate your feedback, suggestions, and other communications (collectively, “Feedback”) about the Services. You should know that we can, but are not obligated to, use your Feedback without restriction or any obligation to compensate you, and we have no obligation to keep them confidential.
- Even after termination, these Terms will remain in effect such that all terms that by their nature may survive termination will be deemed to survive such termination.
- If any provision of these Terms is found by a proper authority to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and remain valid and enforceable, and the invalid or unenforceable provision will be deemed modified to the maximum extent necessary to make it valid and enforceable or, if modification is not permitted by law, the provision will be disregarded.
If you have any questions about these Terms, please contact firstname.lastname@example.org.