IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND FORMA HEALTH THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 18 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information.
We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms to the App and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
You may use the App only if you are 18 years or older. You may download and install the App by downloading the App from an App Store. To use the App, you’ll need to create an account and provide certain basic information about yourself (including your mobile number, email, and address). It’s important that you provide us with accurate, complete and current account information and keep this information up to date. If you don’t, we might have to suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You’re responsible for all activities that occur under your account.
Forma Health is a technology company that makes available an App to help you manage and track your health information. Forma Health does not, and the Services are not intended to, provide you with medical advice or treatment. We do not control or interfere with the practice of medicine or other licensed professional services provided by healthcare providers, each of whom is solely responsible for the medical care and treatment he or she provides to you. By accepting these Terms, you acknowledge and agree that Forma Health is not a healthcare provider and that by using the Services, you are not entering into a doctor-patient or other healthcare provider-patient relationship with Forma Health. While you are not establishing a doctor-patient or other healthcare provider-patient relationship with Forma Health, by using the Services, you are establishing a direct customer relationship with Forma Health to use the products made available through the Services. As such, you may provide to us, or cause to be provided to us on your behalf, personal information, including health information, that is subject to use by us in accordance with our Privacy Policy.
The content on the App is provided for informational purposes only and may be generated through Forma Health’s or its third-party licensors’ algorithms or artificial intelligence (generative tools) used in connection with providing the Services (for example, automated notes generation). Any information provided through the App does not create a healthcare provider-patient relationship, is not an aid to making medical decisions, and is not marketed, promoted or otherwise intended to be used to diagnose any disease or other condition, or to cure, mitigate, treat, or prevent any disease. The information provided through the App is not a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding your health. Never disregard professional medical advice or delay in seeking it because of information provided through the Services. If you think you may have a medical emergency, call your physician or 911 immediately. RELIANCE ON ANY CONTENT PROVIDED THROUGH THE APP BY FORMA HEALTH OR OTHER THIRD-PARTY CONTENT PROVIDERS IS SOLELY AT YOUR OWN RISK AND MAY BE SUBJECT TO ADDITIONAL TERMS, CONDITIONS, AND POLICIES OF THE THIRD-PARTY CONTENT PROVIDER.
Forma Health does not currently require payment of a fee for use of the Services. However, we reserve the right to charge fees in the future to access the Services or certain features of the Services. If we do require payments for your use of the Services in the future, we will provide you with advance notice of the applicable fees.
We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
Forma Health is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
The Services may allow you to access third-party websites, content, materials or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at support@formahealth.io. However, even upon termination of your account, Forma Health may retain your medical records subject to applicable laws, which may not be removed from the Forma Health system. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 5, 6, 8, 9(b), 9(c), 10, 11, and 13 through 19.
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE SERVICES. GENERAL ADVICE AND OTHER CONTENT RELAYED THROUGH THE SERVICES IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE OR SUBSTITUTE ANY MEDICAL CARE OR SPECIFIC PROFESSIONAL ADVICE, DIAGNOSIS OR TREATMENT.
You will indemnify and hold Forma Health and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms.
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of [California], without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 18 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Forma Health are not required to arbitrate will be the state and federal courts located in Santa Clara County, and you and Forma Health each waive any objection to jurisdiction and venue in such courts.
If you have any questions about these Terms or the Services, please contact Forma Health at support@formahealth.io.