PLEASE READ CAREFULLY BEFORE USING THIS SITE. YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT. Hello Heart Inc., a company with offices at 545 Middlefield Road, Menlo Park, CA, USA (“Hello Doctor” or “Hello Heart”, “us”, “our”, “we”) provides a mobile application that helps patients organize their medical documents (“Application” and the “Service” respectively). These Terms of Service (“Terms”) govern your access and use of the Service. “You” or “Your” means a user of the Service. You agree that by registering for or accessing or using the Service you are entering into a legally binding agreement with us. Any entry into, and use of the Service constitutes your agreement to these Terms and Conditions (“Terms”) and all applicable laws and your certification that you are authorized to accept these Terms. We may revise and update these Terms at any time and such revisions are binding. Changes to these Terms shall apply as of and following the date of the change.
By requesting to use, registering to use and/or using the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof. You also represent and warrant that you meet the following eligibility criteria:
• Our Services are available only to individuals who are eighteen (18) years of age or older.
• The Services are currently available only to individuals who are legally in the United States or the territory of Puerto Rico. If you reside outside the United States or Puerto Rico, do not register to use the Services.
• You must not be a competitor of Hello Heart or use our Services for reasons that are in competition with Hello Heart.
You may not provide access to or use the Service or content thereof for the benefit of third parties or make commercial use of the Service or related content, but you may use the Service for your personal use subject to these Terms. Use of and access to the Service is void where prohibited. By accessing and using the Service, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (b) your use of the Service will comply with and does not violate any applicable law, regulation, order or guideline. Hello Heart is not a health care provider and does not provide any type of medical consultation. Persons using this application assume full responsibility for the use of the Service and agree that Hello Heart is not responsible or liable for any claim, loss, or damage arising from the use of the Services. Hello Heart does not recommend or endorse any specific drugs, tests, physicians, products, procedures, and opinions. Your reliance upon the information obtained or used by you is solely at your own risk. Hello Heart allows you to access and use the Service subject to the terms and conditions of these Terms for your own use only. The Application is not for use by healthcare providers or for any other commercial or non-personal purpose. The information in your account may not always be accurate or up-to-date and should be viewed as informational only.
Internet connectivity is required for access to and use of the Service. To access the Service by means of a cellular data connection on a portable device, you will need a data access plan from your wireless carrier. In order to access the Service via WiFi or Internet connection, you will need a compatible device, software, browser and Internet access. Check with your provider to learn if any fees apply. You are solely responsible for enabling Internet connectivity and any fees or costs you incur to access the Service through any wireless or other communication service.
You agree that Hello Heart may for any reason, in its sole discretion and without notice, terminate your account, and remove from the Service any content associated with your account. Grounds for such termination may include, but are not limited to, the following: (i) you are ineligible to use the Services (ii) extended periods of inactivity associated with your account, (iii) your violation of the letter or spirit of these Terms, (ivb) fraudulent, harassing or abusive behavior associated with your account, (v) behavior associated with you or your account that is harmful to other users, third parties, or the business interests of Hello Heart, or (vi) behavior associated with you or your account that violates the privacy of other users or third parties. If Hello Heart believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Service. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Service. You may request termination of your Hello Heart account at any time and for any reason by sending an email to firstname.lastname@example.org. Any suspension, termination, or cancellation shall not affect your obligations to Hello Heart and its licensors under these Terms, including but not limited to ownership, indemnification, and limitation of liability, which by their sense and context are intended to survive such suspension, termination, or cancellation.
By entering into this Agreement or using the Program, you agree to receive automated communications from us, including via e-mail, text message, calls, and push notifications, about your order, account, or health, at the email address, phone number, or device you provided to us. By providing your phone number to Hello Heart, you agree to receive communications about your order, account, or health from Hello Heart, which may include health care messages (e.g. home healthcare instructions, wellness checkups, prescription notifications, lab results, etc.). You can opt out of all texts or calls made using an automatic telephone dialing system by replying STOP to (800) 767-3471 from the mobile device receiving the messages.Standard text messaging charges from your cell phone carrier may apply to text messages we send. If you wish to opt out of promotional emails, please follow the unsubscribe options in the email itself.
If your Personal Information is altered, destroyed, acquired, accessed, used, or disclosed in a manner not outlined by these Terms that compromises the privacy or security of the Personal Information, you agree to receive notification of this breach from Hello Heart or its delegate via electronic mail in lieu of first-class mail. The notification may be provided in one or more electronic mailings as information becomes available. If you do not agree to receive breach information via electronic mail, you must contact Hello Heart by email at email@example.com and withdraw your consent. You also permit Hello Heart, to the extent your phone number is available and current, to call you and notify or update you about the breach of your Personal Information prior to and after sending electronic mail notification. To the extent it is required by applicable law, Hello Heart may report the breach of information to governmental authorities or other required third parties.
All elements comprising the Application and Services, including without limitation, the text, design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof are the sole property of Hello Heart or its licensors. Except as expressly permitted in these Terms, any use, reproduction, modification, distribution, transmission, republication, display or performance of the Services or any Hello Heart content is strictly prohibited. Trademarks, service marks and logos displayed on the Service are the exclusive property of Hello Heart unless otherwise stated and may not be used without the express written consent of Hello Heart. All rights not expressly granted herein are reserved to Hello Heart, its affiliates and its licensors.
You agree that you will not act in any way or transmit any content that: (a) restricts or inhibits use of the Service; (b) solicits another person’s password or other Personal Information under false pretenses; (c) impersonates another user or otherwise misrepresents yourself in any manner; (d) infringes or results in the infringement of Hello Heart or any other third parties’ intellectual property, privacy or other rights; (e) is or you reasonably believe or should reasonably believe to be illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves or you reasonably believe or should reasonably believe to involve any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (f) does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. The software and technology underlying the Application is the property of Hello Heart, and you may not do or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Service, including in order to allow you to copy or download any content; (b) circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content; (c) use the Application and/or content provided therein in connection with any commercial endeavors in any manner; (d) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Service; (e) harvest, collect or mine information about other users of the Service; or (f) use or access another user’s account or password without permission. Hello Heart can only be used for personal purposes and can’t be used by corporations for commercial use without a written consent from Hello Heart.
Hello Heart shall use reasonable commercial efforts to maintain the availability of the Service, but does not guarantee any specific level of availability of Service. Hello Heart will not be liable to you as a result of temporary service interruptions. You acknowledge that Hello Heart may, in its sole discretion and at any time, modify or discontinue providing Services or any part thereof without notice, and in such event you will not be able to access your health information you have uploaded to the Service.
You can delete any Personal Information that you are a custodian of by signing in to your account and editing your medical documents. When you move Personal Information to the trash, you may still view it there, and can restore it or delete it permanently from there at any time. Once you have permanently deleted your Personal Information, we wait 30 days before permanently deleting the Personal Information in order to help avoid accidental or malicious removal of your medical documents. We may keep certain aggregated or statistical data for our use after the Personal Information is deleted.
Your use of the Service is at your sole discretion and risk. The information obtained through Hello Heart is for informational purposes only and should NOT be used as a substitute for the advice of an appropriately qualified and licensed physician or other health care provider. The Service are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from Hello Heart. HELLO HEART EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE Service and to the goods or services made available through the Service, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HELLO HEART DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE Service; OR (II) THAT THE Service WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE Service. HELLO HEART IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE ADVICE OR CONSULTATION PROVIDED TO YOU BY USING THE SERVICE. We reserve the right to correct any errors, inaccuracies or omissions and to change or update Hello Heart content information at any time without prior notice.
Your use of the Service is at your own risk. Hello Heart assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any content on the Service. Hello Heart is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Service, including any injury or damage to users or to any person’s mobile phone related to or resulting from participation or downloading materials in connection with the Service. Under no circumstances shall Hello Heart be responsible for any loss or damage, including personal injury or death, resulting from use of the Service, from any content posted on or through the Service, or from the conduct of any users of the Service, whether online or offline. IN NO EVENT SHALL HELLO HEART OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER THEORY, LEGAL, EQUITABLE, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE Application OR CONTENT, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT HELLO HEART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL HELLO HEART’S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO HELLO HEART FOR USE OF THE Application. IF YOU HAVE NOT MADE ANY PAYMENTS TO HELLO HEART FOR THE USE OF THE SERVICE, THEN HELLO HEART SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.
You agree to indemnify, defend, and hold harmless Hello Heart and its respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Service; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; (d) information you provide to or use in connection with the service violating third party intellectual, privacy or other rights and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Service shall be in compliance with all applicable laws, regulations and guidelines.
The failure of Hello Heart to exercise or enforce any right conferred upon it hereunder shall not be deemed to be a waiver of any such right, or operate to bar the exercise or performance thereof at any time or times thereafter. A waiver of any right hereunder at any given time shall not be deemed a waiver thereof for any other time. Severability If any provision of these Terms is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, such terms shall be interpreted and enforced to the fullest extent permitted by law. The remaining portion of these Terms not declared illegal, invalid or unenforceable shall, in any event, remain valid and effective for the term.
All notices hereunder shall be in writing, personally delivered, by certified mail, return receipt requested, or by nationally recognized overnight delivery service email to Hello Heart, at firstname.lastname@example.org. A notice shall be effective from the date of personal delivery or upon receipt if sent by certified mail, and upon the date of sending if sent by email. Governing Law and Venue These Terms shall be interpreted in accordance with the laws of the State of New York, USA. Customer agrees that any legal or equitable action of whatever nature by or against Hello Heart arising out of or related in any respect to these Terms shall be brought exclusively in the competent courts the State of New York.
Updated: March 2019