31 August 2018
1.USE OF THE APP.
2. ‘JAILBREAKING’ THE MOBILE OPERATING SYSTEM.
3. APP CONTENT.
Other than the personalized content we send you through an in-App message, you should not consider content on the App to be medical advice .
4. USER ACCOUNTS.
When you register on the App, you need to create an account (“Account “) by entering your name, email address, password, and certain other information we collect. You may not transfer or share your Account password with anyone, or create more than one Account. You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. You are responsible for changing your password promptly if you think it has been compromised. To change your password go into ‘Account’ within the App. We reserve the right to take any and all action, as it deems necessary or reasonable, regarding the security of the App and your Account. You may not use anyone else’s account at any time.
5. ACCESS RIGHTS.
Certain names, logos, and other materials displayed on the App may constitute trademarks, trade names, service marks or logos (“Marks “) of Beam or other entities. You are not authorized to use any such Marks without the express written permission of Beam. Ownership of all such Marks and the goodwill associated therewith remains with us.
Beam may suspend or terminate your use of the App for any reason at any time. Subject to applicable law, Beam reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the App pursuant to its internal record retention and/or content destruction policies. After such termination, Beam will have no further obligation to provide the Service, except to the extent we are obligated to provide you access to your health records or we are required to provide you with continuing care under our applicable legal, ethical and professional obligations to you.
9. RIGHT TO MODIFY.
10. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK. WE PROVIDE THE APP ON AN “AS IS” AND “AS AVAILABLE” BASIS. Beam EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON.INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, AND SYSTEM INTEGRATION.
11.LIMITATION OF LIABILITY.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL Beam OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OF THE APP, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law .
CONSENT TO TELEHEALTH
Before you give your consent, please make sure you understand how using Beam Health, referred to as “Beam”, both the native app, and the mobile web experience, to obtain care differs from the traditional doctor’s office.
The service is provided by Beam Health Group, LLC. Beam does not provide any medical services. Beam partners with local physicians to give them the infrastructure to practice telemedicine. Our physicians are third-party beneficiaries of this Agreement.
NOT FOR EMERGENCIES
I understand that I should never use the App in an emergency. I understand that in an emergency, I should dial 911 or go to an emergency department.
I understand that the doctor has the right to refuse to take responsibility for my care if the doctor makes a professional judgment that I am not a good candidate for this service. I understand that making a request for treatment (by completing a visit and making payment) or sending a message through the App does not in and of itself create a duty of care or create a doctor-patient relationship. I understand that the doctor will take responsibility for my care only after the doctor has reviewed my request for treatment, reviewed all my information, and then subsequently determined that I am a good candidate for the telehealth services. I understand that there may be a delay until a doctor reviews and responds to any messages I send.
RISKS TO ELECTRONIC HEALTH INFORMATION