This is a legally binding agreement. Please read these terms and conditions carefully. By using this check-in platform, you acknowledge your agreement to be bound by the terms and conditions of this agreement. If you do not agree to these terms and conditions, you may not use this check-in platform; instead, you will need to check in for your appointment in the office at the reception desk.

This agreement states the terms and conditions for your use of the software application made available through this tablet or website (the “Platform”) provided to you by the health care provider group with which you have an appointment for which you are checking in or with which you are seeking a telehealth session (“Practice”). Please read these terms carefully.

The Platform is not intended to be a substitute for professional medical advice, diagnosis, or treatment, and the information in the Platform may not be complete or accurate. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a health condition. Never disregard professional medical advice or delay in seeking it because of something you have seen in the Platform. If you think you may have a medical emergency, dial 911, or, if you are in the Practice, see the reception desk immediately.

You represent that the information indicated in this check-in process (the “Registration”) is true and complete. The Registration information is incorporated in and made a part of this agreement.

Practice hereby grants to you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Platform only as specifically set forth in this agreement. Practice reserves for itself and its licensors any rights not expressly granted in this agreement.

You acknowledge that the Platform is provided to you free of charge and Practice may terminate this agreement and the license granted in this agreement at any time with or without notice to you by disabling your access to the Platform. You may terminate this agreement at any time upon written notice to Practice.

You acknowledge and agree that you do not acquire any ownership rights to the Platform through this agreement or by your use of the Platform. Practice and/or its licensors have and retain exclusive, valid, and non-contestable ownership of the Platform and all intellectual property and proprietary rights therein. You acknowledge that you may suggest improvements and/or communicate to Practice ideas, inventions, discoveries, or concepts (“Ideas”) related to the Platform and that you and Practice may discover or create the Ideas jointly, and you agree that any such Idea shall be and remain solely the property of Practice and/or its licensors and may be used and sold, licensed, or otherwise provided by Practice and/or its licensors to third parties, or published or otherwise publicly disclosed, in Practice’s and/or its licensors’ sole discretion without notice, attribution, payment of royalties, or liability to you. You hereby assign to Practice any and all of your right, title, and interest in and to any such Ideas.

In order for Practice to provide the Platform, you grant to Practice a non-exclusive right and license to use, copy, distribute, display, and transmit information you enter into the Platform, and that the Platform obtains about you from Practice’s electronic records system, solely to the extent necessary for providing the Platform services. The Platform maintains certain personally-identifiable information about you and your health, and it facilitates communication between you and your health care provider. Except as otherwise required by law or court order or as described in Practice’s Notice of Privacy Practices [link if presented in electronic form] or in an authorization that you give to Practice (through the Platform or otherwise), Practice will not use or disclose any such information for any purpose other than to provide the Platform services and for Practice’s proper business management and administration. The foregoing notwithstanding, Practice may compile (or permit its licensors to compile) statistical data relating to your use of the Platform so long as such statistical data does not identify you. You hereby assign to Practice any and all of your right, title, and interest in and to such statistical data.

You acknowledge that the Platform constitutes valuable assets and trade secrets of Practice and/or its licensors and that the Platform is protected by United States copyright law and international treaty provisions. You may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Platform.

You hereby authorize Practice, its affiliates, and their respective employees, agents, and contractors to initiate electronic communications by e-mail, telephone (including to cellular phone numbers), and text messages to provide reminders of upcoming events, appointments, or other purposes related to the Platform and the services provided to you by Practice, and you consent to such communications. Note that your carrier may charge for these incoming calls or messages.

You may not do any of the following: (i) rent, lease, resell, assign, or otherwise transfer rights or access to the Platform; (ii) distribute, copy, reproduce, display, republish, or transmit any portion of the Platform; (iii) modify, translate, reverse engineer, decompile, disassemble, or create derivative works based upon the Platform or any software or programming related thereto; (iv) “frame” or “mirror” any portion of the Platform; (v) use any robot, spider, other automatic device, or manual process, to “screen scrape,” monitor, “mine,” or copy any portion of the Platform; use any device, software, methodology, or routine to interfere with the proper working of the Platform or servers or networks connected to the Platform; (vi) access data of which you are not an intended recipient or log into a server or account on a network related to the Platform that you are not expressly authorized to access; (vii) harvest or collect information about other Platform users; (viii) restrict or inhibit any other person from using the Platform, including by means of “hacking” or defacing any portion of the Platform; or (ix) attempt to do, or assist anyone else with doing or attempting, any of the foregoing.

Laws regarding the transmission of personal information may vary from one state to another in the United States and from one country to another. You agree that you will use the Platform only in a manner that complies with all applicable laws in the jurisdictions in which you use the Platform and that your use of the Platform is subject to all applicable local, state, national, and international laws and regulations. You further agree to access the Platform only from within the United States.

THE PLATFORM AND ALL SERVICES PROVIDED OR TO BE PROVIDED UNDER THIS AGREEMENT ARE PROVIDED “AS IS,” AND YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM. PRACTICE, FOR ITSELF AND ITS LICENSORS, DISCLAIMS, ANY AND ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE PLATFORM OR ANY PART OF IT, INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT PRACTICE KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR OTHERWISE IS IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE.

NEITHER PRACTICE NOR ITS LICENSORS SHALL BE LIABLE TO YOU (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM THE YOUR RIGHTS) FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, LOSS OF OR DAMAGE TO DATA, LOSS OF BUSINESS, OR OTHER ECONOMIC DAMAGE), WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF WHETHER PRACTICE WAS ADVISED, HAD OTHER REASON TO KNOW, SHOULD HAVE ANTICIPATED, OR IN FACT KNEW OF THE POSSIBILITY THEREOF. THE PLATFORM IS PROVIDED TO YOU FREE OF CHARGE, AND IN NO EVENT SHALL PRACTICE’S OR ITS LICENSORS’ AGGREGATE LIABILITY TO YOU (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY OR THROUGH YOU), WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT (INCLUDING WITHOUT LIMITATION THE PLATFORM AND SERVICES), IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED $50. THE PROVISIONS OF THIS PARAGRAPH ARE INDEPENDENT OF, SEVERABLE FROM, AND TO BE ENFORCED INDEPENDENTLY OF ANY OTHER ENFORCEABLE OR UNENFORCEABLE PROVISION OF THIS AGREEMENT.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the limitations and disclaimers above may not apply to you. To the extent applicable law does not permit such disclaimer of warranty or limitation of liability, the scope and duration of such warranty and the extent of such liability shall be the minimum permitted under such applicable law.

You agree to indemnify and hold harmless Practice, its licensors, and their respective officers, directors, employees, and agents for any violation by you of the terms of this agreement.

YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION PROVISIONS IN THIS AGREEMENT ARE A MATERIAL INDUCEMENT AND CONSIDERATION FOR THE GRANT OF THE LICENSE CONTAINED IN THIS AGREEMENT AND FOR PROVIDING YOU WITH ACCESS TO THE PLATFORM.

This agreement will be binding upon and inure to the benefit of the parties and their successors and assigns. Except as otherwise expressly provided herein, this agreement constitutes the entire agreement between the parties concerning the subject matter hereof. No prior or contemporaneous representations, inducements, promises, or agreements, oral or otherwise, between the parties with reference thereto will be of any force or effect. The failure of either party at any time to require performance by the other party of any provision of this agreement shall in no way affect the right of such party to require performance of that provision. Any waiver by either party of any breach of this agreement shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under this agreement. If any provision of this agreement is ruled wholly or partly invalid or unenforceable by a court or other body of competent jurisdiction, the validity and enforceability of all provisions of this agreement not ruled to be invalid or unenforceable will be unaffected and the provision held wholly or partly invalid or unenforceable shall be deemed amended, and the court or other body is authorized to reform the provision, to the minimum extent necessary to render them valid and enforceable in conformity with the parties’ intent as manifested herein.

This Agreement shall be construed and enforced in accordance with the laws of the state in which the Practice you are visiting is located (other than its conflicts of law provisions) and venue shall be exclusively in the federal or state courts sitting in such state.

You may not assign this agreement or any of the rights or licenses granted under this agreement. Any attempted sublicense, transfer, or assignment in violation of this agreement is void.

Practice’s licensor that provides the Platform to Practice so that Practice may make it available to you, Epion Health, Inc. dba Kyruus Health, is intended to be, and shall be, a third-party beneficiary of this agreement with rights to enforce this agreement against you.