Terms of Use

31 August 2018

1.USE OF THE APP.
Beam Health Group, LLC (“we “, “us”, or “our “, “Beam”, “Beam Health”), operates this Beam mobile application (the “App. Through the App we offer a self-pay online telehealth service (the “Service “) that lets people get a telemedicine consultation. Our doctors are licensed to practice in your state. If appropriate, our doctors will send a prescription to a pharmacy licensed in your state, you agree to these Terms of Use, the Consent to Telehealth, and the Privacy Policy that appear on the App. If you do not wish to be bound by these Terms of Use, you may not use the App. Beam Health Group, LLC does not provide any medical services. Beam Health Group, LLC can store a request for medical services and forward that request to a licensed medical provider in your state. After you make a request through the App, Beam will nominate one or more doctors to work on your request. Those doctors are third-party beneficiaries of this Agreement.
2. ‘JAILBREAKING’ THE MOBILE OPERATING SYSTEM. The App is intended for use only on a mobile phone that runs an unmodified manufacturer approved operating system. Using the App on a mobile phone with a modified operating system may undermine security features that are intended to protect your protected health information from unauthorized or unintended disclosure. You may compromise your protected health information if you use the App on a mobile phone that has been modified. Use of the App on a mobile phone with a modified operating system is a material breach of these Terms of Use.
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. We hereby grant to you a limited, non-exclusive, non-transferable right to access the App from a mobile phone located in the Beam service area and to use the Service solely for your personal non-commercial use and only as permitted under these Terms of Use, Consent to Telehealth, and the Privacy Policy. We reserve the right, in our sole discretion, to deny or suspend use of the App to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (b) use the App to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the App; (d) distribute viruses or other harmful computer code through the App or (e) otherwise use the App in any manner that exceeds the scope of use granted above .
6. OWNERSHIP. The App and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned or used under license by Beam and are protected by United States and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our App except as generally and ordinarily permitted through the App according to these Terms of Use. You must not access or use for any commercial purposes any part of the App.
7. TRADEMARKS. 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.
8. TERMINATION. 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. We may at our sole discretion change, add, or We may at our sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. Continued use of the App following notice of any such changes will indicate your acknowledgments of such changes and agreement to be bound by the revised Terms of Use, inclusive of such changes.
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 .
12.INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Beam, its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claim, actions, demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, your violation of these Terms of Use.
14.MISCELLANEOUS. These Terms of Use and your use of the App shall be governed by the laws of the State of New York, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in New York, New York under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in New York, New York, for any action related to these Terms of Use. You understand that by checking the “agree” box for these Terms of Use and/or any other forms presented to you on the Site you are forms presented to you on the Site you are agreeing to these Terms of Use and that such action constitutes a legal signature. No waiver by Beam of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Beam to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. The Digital Millennium Copyright Act of 1998 (the “DMCA “) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the App infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the App infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Website, currently located at http://www.loc.gov/copyright. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to Beam Health Group, LLC, 72 Allen Street 10002, or by email to info@beamhealthgroup.com
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.

DOCTOR-PATIENT RELATIONSHIP
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
I understand that the electronic nature of the App means that there’s a greater risk to the privacy of my health information compared to visiting a traditional doctor’s office. I understand that although Beam implements a wide range of administrative, physical, and technical safeguards to protect my health information, Beam cannot guarantee the privacy and confidentiality of my health information. For more details about how Beam protects your health information, see our Privacy Policy