Terms and Conditions
Buoyant Healthcare, Inc. (“Buoyant”) offers a service that allows customers to manage their health using online consultations and messaging (the "Service").
By using the Service, you agree to be bound by these Terms. If you object to anything in these Terms, you must refrain from using the Service, or, if you are a user of the Service, immediately cease the use of the Service and notify us of your objection to these Terms.
Acceptance of Terms of Service
a. Electronic Agreement. These Terms are an electronic contract that set out the legally binding terms of your use of and subscription to the Service. By using the Service, you accept these Terms and agree to the terms, conditions, and notices contained or referenced herein. They may be modified from time to time, at their sole discretion, with such modifications to be effective upon posting on the Website or via the Service or providing you with notice of the modification. It is important that you review such modifications because if you continue to use the Service after we have posted the modifications, you indicate that you agree to be bound by the modified Terms.
b. Consent to Electronic Disclosures. You agree that Buoyant may send the following to you by email or posting them on the Website: these Terms, including legal disclosures; future changes to these Terms. You consent to receive these Communications electronically. You agree to notify us promptly if your email address changes. Your consent to conduct actions electronically, and our agreement to do so covers all actions you conduct through the Service.
c. Withdrawing Your Consent. If you later decide that you do not want to receive future Communications electronically, please send an email to firstname.lastname@example.org. Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Terms provided to, and electronically signed by, you prior to the effective date of your withdrawal. However, if you withdraw your consent to receive Communications electronically, we may terminate your use of the Service.
You represent and warrant that you are at least 18 years of age and have the right, authority and capacity to enter into these Terms and to abide by all of the terms and conditions of these Terms.
Term and Termination
These Terms will remain in full force and effect Buoyant at its sole discretion may terminate your use of the Service at any time, including, but not limited to, if you breach these Terms, by sending notice to you at the email address you provide via the Service. Buoyant is not required to provide you with notice prior to terminating your use of the Service and are not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after termination, these Terms will remain in effect such that all terms that by their nature may survive termination shall be deemed to survive such termination, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions. In addition, you understand and acknowledge that following termination of your account, Buoyant may be required to, and will, maintain electronic copies of your medical records in accordance with applicable law.
Permission to Treat/Telehealth Medical Treatment
By using the Services, you give permission to the health care providers to medically care for you by Telehealth (defined below), as applicable and appropriate. You may withdraw this consent at any time.
You understand that this consent is given in advance of any specific diagnosis or treatment. You understand that these services are voluntary and that you have the right to refuse these services. This consent remains in effect even after a specific diagnosis has been made and treatment has been recommended. This consent will remain in effect until revoked by you in writing. However, revoking your consent in writing will not affect actions that were taken prior to receiving your revocation.
The Website and Telehealth services are NOT appropriate for emergency or urgent medical matters. You agree not to use these services for emergency or urgent medical matters. You agree that for all urgent or emergency matters that you believe may immediately affect your health, you will immediately contact your medical services provider, call 911 or go to an emergency room at a local hospital facility.
"Telehealth" is the delivery of healthcare services using technology when the healthcare provider and patient are not in the same physical location, and/or the virtual delivery of healthcare services, including by a medical provider or via digital or automated tools, including without limitation tools for medical or health-related diagnosis and treatment. Telehealth may be used for diagnosis, treatment, follow-up and/or patient education, and may include, without limitation, the following: electronic transmission of patient medical records, medical images, or other patient data; synchronous (i.e., "real time") and asynchronous (i.e., non-"real time") interactions via audio, video, and/or data communications; automated or digital tools for diagnosis, care, treatment and/or communication pertaining to healthcare or medical matters; and output data from medical devices, sound and video files. It may be possible that your condition cannot be treated via Telehealth, or that information transmitted through Telehealth may not be sufficient or of too poor of image quality, or insufficient information or data to allow for appropriate medical decision making. Accordingly, you may be required to seek additional in-person medical care, alternative healthcare or emergency services. You agree that if your health or medical problem or condition persists after use of Telehealth via the App, you will immediately contact your medical services provider and seek appropriate additional in-person medical care or emergency care, as appropriate.
You understand that part of the Service requires disclosure of your protected health information to a secure online personal health record and communication with our healthcare team electronically via the Service.
We welcome feedback, comments and suggestions for improvements to the Service ("Feedback"). To allow us to improve our services, once you submit the Feedback, we will own all right, title, and interest in such Feedback.
The following is a partial list of the type of actions that you may not engage in with respect to the Service:
● You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, access, retrieve, index, "data mine", or in any way reproduce or circumvent, avoid, bypass, remove, or deactivate the navigational structure or technical measures or presentation of the Service or its contents;
● You will not interfere, access, tamper with or disrupt the Service or Website
● You will not send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
● You will not use the Service, Website, App or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
● You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
● You will not use, display, "frame" or "mirror" any part of the Service, trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without prior written authorization. You also shall not use meta tags or code or other devices containing any reference to the Service in order to direct any person to any other web site for any purpose
Modifications to Service
Buoyant reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Buoyant shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Blocking of IP Addresses
In order to protect the integrity of the Service, Buoyant reserves the right at any time in their sole discretion to block Users from certain IP addresses from accessing the Service.
Buoyant is not responsible for any incorrect or inaccurate third-party Content posted on the Service. Buoyant is not responsible for the conduct, whether online or offline, of any User. Buoyant 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 Communication. Buoyant 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 email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. Buoyant cannot guarantee and does not promise that the Service will achieve any intended results, be uninterrupted or error free or meet your requirements.
Any general, non-patient specific advice that may be posted on the Website is for informational purposes only and is not intended to replace or substitute for any medical or other advice. If you have specific concerns or a situation arises in which you require medical advice, you should consult directly with one of our appropriately trained and qualified medical services providers.
Buoyant makes no representation that the Service is appropriate, or is available for use outside the U.S. Access to and use of the Service where the access or use of the Service is illegal is prohibited.
Limitation on Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BUOYANT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, BODILY INJURY OR DEATH, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE, APP, SERVICE OR SOFTWARE, WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT OR OTHER LEGAL THEORY AND EVEN IF BUOYANT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BUOYANT'S LIABILITY TO YOU ARISING FROM THESE TERMS, OR THE USE OF OR INABILITY TO USE THE WEBSITE OR SERVICE, WILL AT ALL TIMES BE LIMITED TO THE AMOUNTS PAID BY YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.