Our Terms of Use

These Terms of Use (these “Terms”) of SuCasa Health, LLC (“Company,” “we”, “us” or “our”) describe the terms and conditions applicable to our services accessible through our website, a mobile application or any other means of delivery (the “Service”) and your use of our website (the “Site”).  Your use of the Service is subject at all times to these Terms and our privacy policy (“Privacy Policy“).  Any inconsistencies between these Terms and the Privacy Policy shall be resolved by the Company in its sole and absolute discretion.  

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING, DOWNLOADING OR USING THE SERVICE.  BY ACCESSING, DOWNLOADING OR USING THE SERVICE, YOU WILL BE BOUND BY THESE TERMS. 

BY SELECTING THE “YES” OR “DOWNLOAD” OR “SUBSCRIBE” BUTTON, YOU CONSENT TO BE BOUND BY ALL OF THESE TERMS.  IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS, THEN SELECT THE “NO” BUTTON OR DO NOT ACCESS THE SERVICE.

YOU MAY NOT USE THE SERVICE IF: (A) YOU CANNOT ENTER INTO A BINDING CONTRACT WITH THE COMPANY; (B) YOU ARE NOT ALLOWED TO RECEIVE PRODUCTS, INCLUDING SERVICES OR SOFTWARE, FROM THE UNITED STATES; OR (C) YOU HAVE PREVIOUSLY BEEN BANNED FROM USING THE SERVICE.

THE SERVICES

GENERAL DESCRIPTION.  Through our Service, we offer you the ability to collect, store, access and control data, information, documentation, and other materials relating to or concerning you and/or your healthcare (the “User Content”).  The Service enables access to your User Content by and enables direct communication with your healthcare clinician, healthcare system, or other organization sponsoring your access to the Service, if applicable (the “Sponsor”).  The Company may also provide you and/or your Sponsor with certain analyses based upon your User Content.  We do not actively monitor your User Content, nor will we have any obligation to respond to any health or other issues raised by or contained in your User Content.

NO MEDICAL ADVICE.  Neither the Site nor Service include or represent the provision of medical advice by the Company.  The Company does not offer medical advice or diagnoses or engage in the practice of medicine or any other professional service.  Information and materials provided to you by us through the Service are solely for informational purposes and are not intended to be, and do not constitute, a substitute for professional medical advice, diagnosis, or treatment.  You should seek the advice of your physician or other qualified medical professional if you have any questions or concerns regarding your medical condition, the use of any medication or medical device, your general or overall health, or any other concern or issue related to your personal wellbeing.

LICENSE TO USE SERVICE.  Subject to these Terms and the Privacy Policy, the Company grants to you a limited, non-exclusive, non-transferable, non-sublicensable and revocable right and license to access and use the Service.  The Company may terminate this license without notice in the event you fail to comply with these Terms or the Privacy Policy as determined by us in our sole discretion.  Upon termination of the license, you must immediately cease accessing and using the Service and Carium will terminate your Account.

ACCEPTANCE OF THESE TERMS.  You affirm that you are: (i) at least 18 years of age or older, (ii) an emancipated minor, (iii) possess the consent of a legal parent and/or guardian, or (iv) creating this Account for the benefit of a minor for whom you are the legal parent and/or guardian.  By accepting these Terms, you affirm that you are fully able and competent to enter into and abide by all of the terms and conditions set forth in these Terms.  If a parent or legal guardian and a minor use the Service, then both the parent or legal guardian and the minor shall be bound by these Terms and are responsible for their use of the Service.

LIMITATIONS.   The license granted to you is subject to the following limitations.  You shall not nor permit any other person to:

a)      in whole or in part (1) modify, translate, or create any derivative work of the Service, including any Company Content (defined below) or (2) copy, photocopy, reproduce, translate, disassemble, reverse engineer, decompile, or otherwise attempt to derive source code, underlying ideas, algorithms, structure, or organization of the Service

b)      modify, alter, or remove any copyright, patent, confidentiality, trademark and other notices, labels or legends displayed in the Service, including in any Company Content;

c)       sell, grant a security interest in or transfer reproductions of any Company Content or any part thereof for any purposes in any way not expressly authorized herein; 

d)      assign, rent, lease, distribute or license any Company Content or any part of the Service to others; or

e)      exploit the Service, including any Company Content or any of its parts, for any commercial purpose.

INTELLECTUAL PROPERTY OWNERSHIP

COMPANY CONTENT.  The Company shall retain the exclusive right, title and interest (including all intellectual property rights) in and to the Service, the Site, all materials that are part of or the Service or Site (including past, present and future versions) (excluding User Content), including, without limitation: art, icons, graphics, layout, text, images, audio or video, designs, features, advertisements, logos, domain names, trade names and marks, and service marks, any copyrightable material, the “look and feel”, the compilation, assembly ad arrangement of the materials of the Service, and all other materials or content made available in the Service (collectively, “Company Content”) and any such Company Content is protected from unauthorized use, copying and dissemination by applicable copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.

TRADEMARKS.  All words and logos in the Site and Service marked are trademarks and service marks of the Company.  All rights are reserved by the Company.  All other trademarks and service marks appearing in the Service are the property of their respective owners.  All rights are reserved.  Use of any of our trademarks, service marks or names as “metatags” for any purpose other than as expressly authorized in these Terms is strictly prohibited.

NO ADDITIONAL RIGHTS.  Only those licenses expressly set forth in these Terms are granted.  No other licenses are granted under these Terms, whether by implication, estoppel, course of conduct, or otherwise.  Nothing in these Terms is intended to transfer any of the right, title, and interest (including all intellectual property rights) from the Company and/or its licensors to you or any third party.  If you are ever inadvertently or erroneously held or deemed to be the owner of any such rights, you will assign, and hereby irrevocably assign, to the Company or its licensors, as the case may be, all such rights as of the effective date of these Terms and will execute all documents to implement and confirm the terms and intent of this Section.   All User Content shall be your sole and exclusive property.

ACCOUNT, FEES, BILLING METHODS AND TERMINATION

ACCOUNTS. By completing the registration process, you may establish a user account (“Account”), obtain a user ID, become a registered member (“User”), and access the Service.   To create an Account, you must provide such information as may be requested during the registration process or requested from time to time in our sole discretion.  You must provide truthful and accurate information during the Account registration process.  As part of the Service, you will receive email and other communications from us relating to or deriving from your use of the Service.  By disclosing your email and other contact information during the registration process, you acknowledge and authorize that we and/or your Sponsor may send you such communications.  You will no longer receive communications contemplated by these Terms once your Account is terminated or you opt-out of receiving such communications in accordance with the procedures set forth in the Privacy Policy. You are solely responsible for all activity on or related to your Account, your User Content, and for the security of your computer, mobile device, and any other device that you use to access the Service. You should not reveal your Account password to other users or permit others to access your Account.  All acts performed using your Account (including User Content) shall be deemed to be your acts.  You shall promptly notify the Company of any changes to your Account information or if such information has been disclosed to a third party in violation of these Terms.  You shall solely be responsible for any harm or liability that arises from any improper third-party disclosure and/or use (including unauthorized third-party use) of your Account (including User Content).  If there is a risk of your Account (including User Content) being improperly used by a third party, you shall promptly take all reasonable measures to limit such use, including, without limitation by changing your password and notifying the Company.  Under no circumstances shall the Company be liable to you for any loss you incur, including from the loss of your User Content, from your loss of any Account information (including username, user ID or password), unauthorized access or use of your Account and/or from harmful or malicious code.

FEES.  You may create an Account, and access and use the Service without paying any registration or subscription fees.  However, the Company, in its sole and absolute discretion, may, from time to time, modify, amend, or supplement the terms and billing methods relating to fees and charges, and post those changes in the Service.  Such modifications, amendments or supplements shall be effective immediately upon posting in the Service, though we will use reasonable efforts to try to post notice of any changes.  If any change is unacceptable to you, your sole remedy is to cancel your Account and cease using the Service.  If applicable, all fees and charges are non-refundable unless expressly provided otherwise in these Terms or pursuant to applicable law.  The Company will not refund or issue any written receipts for any fees or charges you pay in connection with the Service.  You must procure, provide, and bear the expense for all equipment, software and other technologies and data access plans necessary to access the Service, including, a personal computer or mobile device suitable to connect with the Service and an internet connection and/or mobile subscription.  

TERMINATION.  You have the right to terminate your Account and/or cease accessing and using the Service at any time by following the procedures contained in the Service. You understand and agree that unless otherwise expressly provided for in these Terms, terminating your Account and ceasing access and use of the Service are your sole right and remedy with respect to any dispute with us. Without limiting any other remedies, we may suspend or terminate your Account and your access to and use of the Service (or any portion of any of those things, including any User Data and User Content) at any time if you are, or we suspect that you are, failing to comply with these Terms or the Privacy Policy, with or without notice to you.  We reserve the right to stop offering and/or supporting the Service at any time for any valid commercial reason, at which time your license to access and use the Service will automatically be terminated without further action. You understand and acknowledge that we are not responsible for notifying your Sponsor or any other third party of any termination, suspension, or cessation of your use of your Account or the Services.  You understand that your Sponsor and any other third party may not receive any notice of such termination, suspension or cessation and it is your sole responsibility to provide all such notifications to your Sponsor or any other third party.

CONDUCT 　

PERSONALLY RESPONSIBLE. You agree that you will be personally responsible for your access and use of the Service and for all of your User Content and online activity in connection with the Service, and that you will indemnify and hold harmless the Company, its licensors, suppliers, partners, affiliates and their respective employees, officers, directors and agents (collectively, “Company Affiliates”) from all claims for liabilities, losses and expenses, including reasonable attorneys’ fees and costs, from third parties arising from such use, User Content and activity.  Specifically, you will comply with these Terms, all applicable laws, rules and regulations governing the disclosure and use of third-party property, including, without limitation, any and all intellectual property rights,

NO ENGAGEMENT. Moreover, you agree not to engage in any of the following:

a.       Post, transmit, promote, distribute, or provide links to illegal content. 

b.       Harass, threaten, abuse, disparage, libel, slander, embarrass, or engage in any other disruptive behavior involving another user or any Company Affiliate. 

c.       Transmit or facilitate distribution of content that is harmful, abusive, racially, or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable.

d.       Infringe upon the intellectual property rights of the Company or any third party. 

e.       Alter, delete or cancel any other user’s profile information or User Content. 

f.        Disrupt the flow of chat in chat rooms, forum, or other communication areas within the Service with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting, using ALL CAPS to disturb other users, “spamming” or flooding or posting repetitive text.

g.       Impersonate another person, indicate that you are a Company Affiliate, or attempt to mislead users by indicating that you represent Company or any Company Affiliate. 

h.       Use any robot, spider, scraper, or other automated means (other than in accordance with these Terms and any Additional Terms) to access the Service for any purpose without our express written permission or bypass measures we may use to prevent or restrict access to the Service.

i.         Attempt to get a user ID, password, or other user information, or any other private information from a user.   Company employees will NEVER ask for your password.  DO NOT give your password, secret answers, or billing information out to anyone. 

j.         Upload any content, including User Content that you do not own or have the right to license to the Company in accordance with these Terms. 

k.       Engage in or promote or encourage any illegal or fraudulent activity including hacking, cracking or distribution of counterfeit software, or identity theft. 

l.         Upload User Content or display URLs that contain harmful or malicious code or corrupted data. 

m.     Post messages for any purpose other than personal communication, including, without limitation, advertising, promotional materials, chain letters, direct marketing, multi-level marketing programs and pyramid schemes.

n.       Make any commercial use of the Service, including using the Service as an Internet dating service website, use at a cyber cafe or any other location-based site.

o.       Improperly use support or complaint buttons or make false reports to Company. 

p.       Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.

q.       Modify, reproduce, distribute, delete, or create derivative works of the Service, Company Content or any other users’ User Content displayed in the Service, or any component of such data or information.

r.        Solicit or attempt to solicit, and post, distribute or communicate any user’s personal information. 

s.       Interfere with, hack into, or decipher any transmissions to or from the servers running the Service. 

t.        Exploit any bug in the Service or in any Company product to exploit it for commercial purposes.  You agree not to communicate the existence of any such bug (either directly or through the public posting) to any other user or third party. 

u.       Do anything that interferes with the ability of other users to enjoy the Service or that materially increases the expense or difficulty of Company in maintaining the Service for the enjoyment of all its users. 

v.       Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms, including, without limitation, gain unauthorized access to any Company Content and other users’ User Content.

w.     Use the Service in violation of these Terms, the Privacy Policy, or any applicable laws, rules, or regulations, or do anything that promotes the violation of any applicable laws, rules or regulations.

x.       Engage in any other conduct which the Company, in its sole and absolute discretion, deems to violate these Terms.

 If you encounter another user violating any of the items described in the Conduct list above, please email us at legal@sucasa.health.

THIRD-PARTY CONNECTIONS

If applicable, in using the Service, you consent to the disclosure and use of all of your User Content and other information collected by us to your Sponsor and for your Sponsor to (i) access all of the User Content that you post into the Service, (ii) send you communications or other messages through the Service, or (iii) engage in other benefits that may be made available through the Service from time to time.  You are solely responsible for all User Content and acknowledge that Company cannot and does not oversee how the Sponsor or any other third party that you authorize uses your User Content or interacts with you.  You are solely responsible for any act or omission you take in response to any interaction with your Sponsor or a third party.

CHANGES TO TERMS

The Company may, from time to time, modify, amend, or supplement these Terms and post the updated Terms in the Service and/or on the Site, provided that the Company will use reasonable efforts to post notice of the changes.  Such modifications or supplements shall be effective immediately upon posting in the Service or the Site, whether or not notice has been posted. You are responsible for periodically checking the Service for changes to the Terms.  You can determine when the Terms were last revised by referring to the “Effective Date” legend at the bottom of these Terms.  If you do not agree to be bound by (or cannot comply with) the Terms as modified or supplemented, you should stop using the Site and Service.  Your continued access and use of the Site and Service constitutes your agreement to be bound by the modified Terms.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE, THE SITE AND THE INTERNET ARE AT YOUR SOLE RISK.  THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING OR THAT THE COMPANY WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.  YOUR ACCESS AND USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE, LOSS OF DATA OR ANY OTHER DAMAGES OR LOSSES THAT RESULTS (DIRECTLY OR INDIRECTLY) FROM SUCH ACCESS OR USE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATIONS OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT, IN NO CASE SHALL ANY COMPANY’S OR ANY OF COMPANY’S AFFILIATE’S LIABILITY TO YOU IN RESPECT TO ANY ACT OR FAILURE TO ACT IN RELATION TO THE SERVICE EXCEED THE HIGHER OF US$100 OR THE AMOUNT PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICE.  FURTHERMORE, IN NO CASE SHALL THE COMPANY OR THE COMPANY AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OR OTHER COMPARABLE LOSS) ARISING FROM YOUR ACCESS AND USE OF THE SERVICE, WHETHER BASED ON WARRANTY, PRODUCT LIABILITY, PERSONAL INJURY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE COMPANY OR ANY COMPANY AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSION OR THE LIMITATIONS OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH JURISDICTIONS, THE COMPANY’S AND COMPANY AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.  SPECIFICALLY, WE ARE NO LIABLE TO YOU FOR ANY DAMAGE CAUSED BY THE ACTIONS OF ANY MEDICAL PROFESSIONAL OR ANY OTHER THIRD PARTY.

LINKS

For the convenience of our users, the Service or Site may provide certain links to other applications, services and websites provided by third parties. The Company is not responsible for the content of any other applications, services or websites linked to or from the Service or the Site.  If you follow any such links, you leave the Service and you do so entirely at your own risk.  The Company provides links from the Service and Site solely as a convenience to you and in no way should this be interpreted as a referral or endorsement of any content, Sponsor or owner of any other applications, services and/or websites. THE COMPANY DISCLAIMS ALL WARRANTIES, RESPONSIBILITIES, LIABILITIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED APPLICATIONS, SERVICES OR WEBSITES, AND FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY ANY SUCH THIRD PARTIES. 

GOVERNING LAW

The laws of the Commonwealth of Virginia and the United States of America, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the Service and your access and use thereof.  By accessing and using the Service, you submit and consent to the exclusive jurisdiction of state and federal courts located in Richmond, Virginia with respect to any dispute or cause of action (whether contractual or non-contractual) arising out of or in connection with these Terms, the Privacy Policy, and/or your access and use of the Service.  In any action or proceeding to enforce the rights under these Terms, the prevailing party shall be entitled to recover their reasonable attorneys’ fees and costs.

INJUNCTIVE RELIEF

You acknowledge that the rights granted, and obligations made hereunder to the Company are of a unique and irreplaceable nature, the loss of which shall irreparably harm the Company, and which cannot be replaced by monetary damages alone so that the Company shall be entitled to injunctive or other equitably relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you.  To the fullest extent permitted under applicable law, you irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for money damages (if any). 

VOID WHERE PROHIBITED

The information provided through the Service and Site are not intended for distribution to or use by any person in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country.  The Company makes no representation or warranty that any material in the Service or Site is lawful in every jurisdiction from which such content can be accessed or is available for use in all jurisdictions. THE SERVICE IS INTENDED FOR USE BY PERSONS AGED 18 OR OLDER.  BY ACCESSING AND USING THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU ARE 18 OR OLDER, AND THAT YOU AGREE TO AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS, THE PRIVACY POLICY AND ADDITIONAL TERMS.  EXCEPT AS OTHERWISE STATED IN THESE TERMS, IF YOU ARE UNDER THE AGE OF 18, THE COMPANY MAY IMMEDIATELY (WITHOUT NOTICE) TERMINATE THE LICENSES GRANTED UNDER THESE TERMS AND CANCEL YOUR ACCOUNT.

COMPLAINTS, NOTICE AND CONTACT INFORMATION

The Company takes claims of infringement of intellectual property rights and violation of rights including rights of privacy or publicity very seriously.  If you believe that any of the material that is or was in the Service infringes or has infringed any rights, including copyrights or trademarks, owned by you, or by an owner for which you are authorized to act, please email us at legal@sucasa.health. 

PRIVACY POLICY

The Company is committed to respecting your privacy and the confidentiality of your User Content.  The Privacy Policy sets out additional terms on how the Company may collect, use, share and store your User Content and other information.  If you object to your User Content or other information being used in the way set out in the Privacy Policy, you should not access or use the Site or Service.  

RESTRICTIONS

The Service may be subject to international rules that govern the export of software. You shall comply with all applicable international and national laws that apply to the Service as well as end-user, end-use and destination restrictions issued by national governments.  The Company is making the Service available to you on the condition that you certify that the use of the Service is not otherwise in violation of any applicable export control and sanctions regulations.  

MISCELLANEOUS

If any provision of these Terms or the Privacy Policy is held to be invalid or unenforceable, that provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the Terms, the Privacy Policy will remain in full force and effect.  These Terms and the Privacy Policy constitute the entire agreement between the parties with respect to the subject matter of these Terms and Privacy Policy and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.  Nothing in the foregoing sentence shall exclude or restrict the liability of you arising out of fraud or fraudulent misrepresentation.  Any waiver of any provision of these Terms will be effective only if in writing and signed by the Company.  The failure of either party to assert any right under these Terms shall not be considered a waiver of that party’s right will remain in full force and effect.  In addition, these Terms and the Privacy Policy, including the Company’s enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person.  You are not allowed to assign these Terms or any rights hereunder.  The Company is allowed at its sole discretion to assign these Terms or any rights under these Terms to any third party, without giving prior notice to you.  Our licensors may be entitled to enforce these Terms.  There are no other third party beneficiaries to these Terms.

If you have any questions, complaints, or comments regarding these Terms, or have other questions or suggestions about the Service, please email us at legal@sucasa.health. 

Effective Date: December 27, 2021