I. Introduction
Please read this End User License Agreement (“EULA”) carefully before using the Service. This EULA includes healthPiper’s Privacy Policy, which is incorporated by reference. This EULA is a legally binding contract.
It may change as our business changes, and Users’ continued use of the Service means Users accept any changes to this EULA. It constitutes a binding agreement between Users and healthPiper LLC and its affiliates and subsidiaries (“healthPiper”). “User” and “Users” refer to any and all users of the Service in the singular and plural forms, respectively.
Users are subdivided into three groups by the role assigned to each User in using the Service: healthcare providers who use the Service (“Doctor”), assistants to these Doctors (“Assistant”), and patients of these Doctors who use the Service (“Client”). Users accept both the provisions that apply to all Users and those that apply to their assigned role each time they access the Service.
If Users do not accept this EULA, Users must not use the Service. If User is under 18 years of age, User represents and agrees that User possesses the legal consent of User’s parent or guardian to access and use the Service.
healthPiper may revise this EULA at any time by posting an updated version when healthPiper determines it is necessary. Users should visit this page periodically to review the most current EULA. Continued use of the Service after a change constitutes binding acceptance of the revised EULA.
II. The Service
The “Service” means, collectively, the healthPiper website, healthPiper’s proprietary mobile application made generally available through the Apple or Android app stores (“App”), healthPiper’s proprietary web application, and all services including without limitation messaging, video chat, sending files and photos, and any other Internet service or property under healthPiper’s partial or complete control.
III. Mobile Services
The App will offer the Services via a mobile phone, personal digital assistant, or other wireless device running iOS or Android operating systems (“Mobile Services”). Users’ mobile carrier’s normal messaging, data, and other rates and fees will apply. Users are solely responsible for checking with their mobile carrier to determine availability, restrictions, and cost. All use of the App and related Mobile Services must be strictly in accordance with this EULA.
IV. Eligibility to Use the Service
When Users use the Service in connection with their relationship with a company, entity, or organization (“Organization”), User represents and warrants that User is an employee, contractor, or other individual authorized by the Organization to enter into this EULA and use the Service, and to bind the Organization to this EULA.
V. User Accounts
Users represent and warrant that the information they provide to healthPiper upon licensing the Service and at all other times will be true, accurate, current, and complete. To use the Service, Users will need to create an account and confirm their log-in credentials.
A User’s account is for the exclusive use of User, and User may not share account information with or allow access by any third party. User is responsible for all activity under User’s access credentials and agrees to use best efforts to prevent unauthorized access and preserve the confidentiality of User’s username, password, and devices.
User agrees to notify healthPiper immediately of any breach in secrecy of User’s log-in information. If User believes account information has been compromised or accessed by a third party, User agrees to immediately notify healthPiper at support@healthpiper.com or through the technical support link in the App or website.
VI. Business Associate Provisions
The provisions of this section apply only to Doctors as defined in this EULA, and not to Assistants or Clients.
For Users using this Service to convey Protected Health Information (“PHI”) as defined by HIPAA and HITECH, who are required to obtain a Business Associate Agreement (“BAA”), this EULA will constitute our BAA as defined by HIPAA.
We agree not to use or disclose PHI except as permitted or required by this EULA or law; to use appropriate safeguards; to report uses, disclosures, breaches, and security incidents of which we become aware; and to ensure applicable subcontractors agree to the same restrictions, conditions, and requirements.
We will make PHI available as necessary to satisfy obligations under the Privacy Rule, make PHI available for amendment, maintain information required for an accounting of disclosures, comply with applicable Privacy Rule requirements, and make relevant internal practices, books, and records available to the Secretary of the United States Department of Health and Human Services.
At termination of this EULA we will provide PHI at reasonable cost in an electronic form accessible through commercially available hardware and software. If feasible, we will return or destroy all PHI maintained on a User’s behalf and retain no copies; if that is not feasible, we will extend the protections of this EULA and limit further uses and disclosures.
Doctors using the Service with PHI are solely responsible for managing and protecting PHI in accordance with HIPAA and HITECH, including passwords, physical access, and background checks. Doctors will invite as Assistants only persons legally allowed access to their Clients’ PHI and will be responsible for appropriate use and timely revocation of access.
VII. Communications and License
User agrees to receive email from healthPiper at the email address User provided for customer service-related purposes.
Subject to this EULA, healthPiper authorizes User to access and use the website, web application, mobile application, and other healthPiper content solely for User’s personal use of the Service, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause.
Unauthorized use of content may violate copyright, trademark, and applicable communications regulations and statutes. healthPiper, the healthPiper logo, and other healthPiper logos and product and service names are or may be trademarks of healthPiper. Without prior written permission, User agrees not to display or use these marks.
VIII. Suggestions and Submissions
If User sends healthPiper creative ideas, suggestions, inventions, or materials (“Feedback”), User grants healthPiper a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, and unlimited license to use the Feedback. healthPiper will not be subject to an obligation of confidentiality, other than for Protected Health Information, and may use Feedback for any purpose without compensation.
IX. Limitations and Prohibitions
Users agree to use the Service solely as intended through the provided functionality and as permitted under this EULA, in compliance with privacy, data protection, intellectual property, and other applicable laws.
Unless expressly permitted, Users may not copy, reproduce, distribute, publish, display, perform, transmit, stream, or broadcast any part of the Service; bypass or interfere with security; harvest content; reverse engineer or hack the Service; frame the Service; provide false personal information; impersonate others; gain unauthorized access; transmit harmful code; disrupt networks or servers; violate applicable law; or use the Service to build a competitive product or service.
Any breach of these restrictions may make User liable to healthPiper for damages resulting from the breach.
X. Consequences of Violating This EULA
healthPiper reserves the right to suspend or terminate Users’ accounts and prevent access to the Service for any reason, at healthPiper’s discretion, and may refuse future Service. User is responsible for claims, fees, fines, penalties, and other liability incurred by healthPiper or others caused by User’s breach or use of the Service.
XI. healthPiper’s Liability
healthPiper may change, suspend, or discontinue any aspect of the Service at any time without notice or liability. healthPiper makes no representations about the accuracy, reliability, completeness, or timeliness of Service content or third-party data, products, or services. User uses the Service at User’s own risk and releases healthPiper from claims, demands, and damages connected with disputes involving third parties.
XII. Consent for Telehealth and Privacy Policy
By agreeing to this EULA, User represents that User has reviewed and agreed to our Consent for Telehealth and Privacy Policy.
XIII. General Terms
This EULA, the Consent for Telehealth, and the Privacy Policy constitute the entire agreement between User and healthPiper concerning use of the Service and supersede prior or contemporaneous terms. Failure to enforce a provision does not constitute a waiver. If a provision is found invalid, the remaining provisions remain in full force and effect. An Organization may require User to agree to additional terms.
XIV. Arbitration, Class Waiver, and Waiver of Jury Trial
This EULA and the relationship between Users and healthPiper shall be governed by the laws of the State of California without regard to conflict of law provisions. Users and healthPiper agree to submit to binding arbitration of disputes relating to use of the Service under the rules of the American Arbitration Association, in Los Angeles County unless mutually agreed otherwise.
The prevailing party is entitled to reimbursement for expenses related to arbitration, including attorney, arbitration, and expert fees. The party initiating the claim must advance arbitration costs, which are reimbursable if that party prevails.
USER GIVES UP THE RIGHT TO A JURY TRIAL, TO SERVE IN A REPRESENTATIVE CAPACITY OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, AND AGREES TO FILE ANY CLAIM WITHIN ONE YEAR AFTER IT AROSE OR HAVE IT FOREVER BARRED.
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