Terms of use & end-user license agreement

Terms & Conditions

By accessing, using, or registering with the Recuro Health Application, you agree that you have read and understood, and, as a condition to your use of the app, you agree to be bound by, these terms of use. You do not have permission to use the Application if you do not agree to these terms of use.

The Application is intended to facilitate the provision of services to registered users. Recuro Health is the operator of this Application and does not provide healthcare services. Recuro’s digital health tools do not provide medical diagnosis, advice, or treatment. You should discuss with your physician before making any medical decisions, including starting, stopping or modifying any medication or other treatment or care plan.

Services facilitated through the Application can range from health risk assessments, to diagnostic and genomic testing, to visits with healthcare providers, to prescription of medication by healthcare providers, to other healthcare tracking and navigation tools. The Application enables Healthcare Providers to offer an online telehealth service that, when clinically appropriate, allows patients to obtain a limited range of health care from participating Healthcare Providers. Based on the information you provide, a Healthcare Provider will provide a diagnosis and a treatment plan for you.

If you register to receive health care services from Healthcare Providers through the Application, we will rely on you to provide accurate and complete information throughout both the clinical interview and the registration process, in order to ensure you receive appropriate care.

Application Disclosures

Important information about your use of the application

DO NOT USE THIS APPLICATION FOR EMERGENCY MEDICAL NEEDS. If you experience a medical emergency, call 911 immediately.

This application is not appropriate for all medical conditions or concerns. This Recuro Health Terms of Use & End-User License Agreement (“Terms” ) is a legal agreement between you, the customer, and Recuro Health (referred to herein as “Recuro”), regarding the license, access, and use of the Application (as defined in these Terms). In these Terms, “you,” “your,” and “yourself” refer collectively to you, the customer, and “we”, “us” and “our” refer collectively to Recuro Health.

Important

By installing and/or using the Application, you represent and warrant that you are eighteen (18) years of age or older, and you acknowledge your agreement to be bound by these terms, the Informed Consent, and the Privacy Policy, including without limitation their restrictions, disclaimers, and limitations. IN THE EVENT OF A CONFLICT BETWEEN THE clauses in THESE TERMS AND those in THE INFORMED CONSENT, THE conflicting clauses in the INFORMED CONSENT SHALL SUPERSEDE AND CONTROL OVER the conflicted clauses in THESE TERMS.

Please review each document referenced above carefully before installation and use of the application. Recuro IS WILLING TO ALLOW YOUR LICENSE TO USE THE APPLICATION ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THese terms. If you do not accept these Terms, you are not permitted to use the Application and you must not download, access, or use the Application. Recuro reserves the right to change these Terms or to modify the Application features at any time, and your continued access or use of the Application after such changes constitutes your acceptance of those changes.

The “Application” means the software with which these Terms are displayed, which facilitates provision of the services described herein, including services from Healthcare Providers, (the “Healthcare Services”), and any upgrades or updates provided by Recuro from time to time, as well as any other software or documentation which enables its use.

SECTION 01

Certification of location

To use the Application and the Healthcare Services, you must be located in one of the jurisdictions in which the Healthcare Services are available. By agreeing to these Terms, you are certifying that you have and will truthfully represent your location each time you use the Healthcare Services.

SECTION 02

Data protection

Any personal information (including health information) you supply to Recuro when using the Application will be used by Recuro and its HealthCare Providers in accordance with its Privacy Policy, which is available here: https://recurohealth.com/privacy-policy/

SECTION 03

Recurohealth.com

The Application allows you to access certain functionality available on Recurohealth.com (the “Website”). Such access will also be governed by these Terms.

SECTION 04

Application Content

Other than the personalized content sent from your Healthcare Provider, you should not consider content on the Application to be medical advice.

SECTION 05

User Accounts

When you register on the Application, you need to create an account (“Account”) by entering your name, email address, password, and certain other information collected by Recuro. You may not transfer or share your Account password with anyone, or create more than one Account. Your privacy is very important to us. Our Privacy Policy explains how we collect, use, protect, and share Protected Health Information (“PHI”) and other personal information with others. 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 ‘My Account’ within the Application. You may not use anyone else’s account at any time. You should never share your username or password with any third party or allow another person to access the Application or the Healthcare Services using your username and password. Please notify us if you have any reason to believe that your username or password has been lost, compromised, or misused in any way. You are fully and solely responsible for any and all use of the Application or the Healthcare Services using your username and password. We reserve the right to revoke or deactivate your username and password at any time. We reserve the right to take any and all action, as deemed necessary or reasonable, regarding the security of the Application and your Account. We are not responsible or liable for any damage or loss related to any unauthorized access or use of your Account.

SECTION 06

Security

Recuro is a Business Associate of health care entities under the Health Insurance Portability and Accountability Act (“HIPAA”). Your personal information will be stored in a secure manner. Recuro or its licensor has implemented a variety of commercially standard encryption and security technologies and procedures to protect your personal information stored in our computer systems from unauthorized access. Recuro also maintains standard physical and electronic procedural safeguards that limit access to your personal information to our employees (or people working on our behalf and under confidentiality agreements) who, through the course of standard business activities, need to access your personal information.

SECTION 07

Communications consent & communication risks of using the application

Communications from applications like the Application can be sent to the wrong person, lost, or subject to other sending or security errors. All communications sent over an Internet connection, including through use of the Application, are inherently vulnerable to hacking, theft, unauthorized access and/or disclosure, misdirection, loss of data, corruption of data, delays or interruptions in communication, and reductions in quality due to lack of or reduction in broadband access and reliability. In the event of a technological disruption, an alternative communication pathway may be recommended. Some health care services are not appropriate for remote delivery and the medical professionals providing services through the Application retain the sole discretion whether or not to treat you through the Application. You may be directed to receive medical care at an in-person visit with a medical professional. Anyone who has access on your device to the Application or any electronic communications can read, forward, copy, delete, or change the message, view your health information and know/assume messages are from us. This includes those with permission to access such messages and those without. By using the Application and related electronic communications, and by providing your contact information, such as your address, email address, or mobile/other phone number(s), you consent and are agreeing to receive information about your health care treatment as well as additional informational and marketing communications from us and our Healthcare Providers. You also understand and agree such communications can be electronic and can include but are not limited to: information on our services and programs, health awareness reminders, information on open enrollment and insurance, health care services/programs, health insurance information, surveys, and educational information. You understand if we contact you, we may identify as Recuro. You agree you have read and accept the described risks. You also acknowledge and accept that if you allow sharing of the Application or related Application communications to any third party, they may no longer be protected by applicable privacy or security rules (except as required by law). You also understand and accept that message/data rates may apply for the messages described in this consent.

SECTION 08

Informed Consent

By selecting “Continue as Guest” or “Sign in/Register” on the Application home screen, or by checking a box acknowledging these terms, you are consenting to receiving care via the Application. The scope of care will be at the sole discretion of the healthcare provider who is treating you, with no guarantee of diagnosis, treatment, or prescription. The healthcare provider will determine whether or not the condition being diagnosed and/or treated is appropriate for a telehealth encounter via the Application. Recuro respects and upholds patient confidentiality with respect to protected health information as required under HIPAA and will obtain express patient consent prior to sharing any patient-identifiable information with a third party for purposes other than treatment, payment, or health care operations. In addition, by selecting continue, you are authorizing the release of your contact information to Recuro, the applicable Healthcare Providers, and other third parties necessary to the provision of health care services provided to you through the Application.

SECTION 09

Proprietary rights & license

All Intellectual Property rights in the Application are owned either directly by Recuro or by Recuro’s licensors. “Intellectual Property” shall mean all intellectual property and industrial property rights and assets, however arising, pursuant to the laws of any jurisdiction throughout the world, whether registered or unregistered, including without limitation any and all: (a) trademarks, service marks, trade names, brand names, logos, trade dress, design rights and other similar designations of source, sponsorship, association or origin, together with the goodwill connected with the use of and symbolized by, and all registrations, applications and renewals for, any of the foregoing; (b) works of authorship, expressions, designs and design registrations, whether or not copyrightable, including copyrights, author, performer, moral and neighboring rights, and all registrations, applications for registration and renewals of such copyrights; (c) inventions, discoveries, trade secrets, business and technical information and know-how, databases, data collections and other confidential information and all rights therein; (d) patents (including all reissues, divisionals, provisionals, continuations and continuations-in-part, re-examinations, renewals, substitutions and extensions thereof), patent applications, and other patent rights and any other governmental authority-issued indicia of invention ownership (including inventor’s certificates, petty patents and patent utility models); and (e) software and firmware, including data files, source code, object code, scripts, mark-up language, application programming interfaces, architecture, files, records, schematics, computerized databases and other related specifications and documentation.

Subject to the terms and conditions of these Terms, Recuro hereby grants you a non-transferable, non-exclusive, revocable license to use the Application for your personal use in accordance with these Terms.

Except for the rights expressly granted above, these Terms transfer to you, including any related user, no right, title, or interest in the Application, or the content of the Application nor any Intellectual Property therein.

Recuro retains sole and exclusive title to all portions of the Application, and any copies thereof, and you, including any related users, hereby assign to Recuro all right, title, and interest in and to any modifications you or any related user makes to the Application, whether or not such modifications are permitted.

You may provide feedback to Recuro with respect to the Application. Recuro may use such feedback for any purpose without obligation to you of any kind. To the extent a license is required to make use of such feedback, you hereby grant to Recuro an irrevocable, non-exclusive, perpetual, royalty-free, transferrable license, with right to sublicense, to use such feedback in connection with Recuro’s business, including enhancement of the Application without any consideration or further consent required from you now or at any time in the future.

SECTION 10

Conditions of use

You will not, nor allow third parties on your behalf to (i) make and distribute copies of the Application, protocols or collateral; (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; (iii) create derivative works of the Application of any kind whatsoever; (iv) sell, license, sublicense, lease, rent or transfer to any third party whether for profit or without charge, any portion of the Application; (v) use or permit the Application to be used for commercial use or to perform services for third parties, whether on a service bureau or time sharing basis or otherwise, without the express written authorization of Recuro; (vi) download, or otherwise use the Application in violation of any laws or regulations, including U.S. Department of Commerce Export Administration regulations and other applicable laws; (vii) use the Application to develop any software application or similar products and services or develop methods to enable unauthorized parties to use, recreate or infringe upon the Intellectual Property rights in and to the Application or (viii) use the Application in connection with life support systems, human implantation, medical devices, or any application where failure or malfunction could lead to possible loss of life or catastrophic property damage.

You represent and warrant that you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country and you are not listed on any US Government list of prohibited or restricted parties.

The Application is currently made available to you free of charge to access Healthcare Services within the Application for a fee paid directly by you or by another party on your behalf. Recuro reserves the right to amend or withdraw the Application, or charge for the Application or service provided to you in accordance with these Terms, at any time and for any reason.

You acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using the Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise. If you are not the bill payer for the mobile telephone or handheld device being used to access the Application, you will be assumed to have received permission from the bill payer for using the Application.

SECTION 11

Availability

This Application is available to handheld mobile devices running Apple iOS or Google Android. Recuro will use reasonable efforts to make the Application available at all times. However, you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside Recuro’s reasonable control.

Recuro does not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.

Recuro will not be responsible for any support or maintenance for the Application. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to this Application.

SECTION 12

System Requirements

In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications “Software Requirements’”.

The Software Requirements are as follows: Apple iOS devices running iOS 7.0 or higher; Language: English and Android devices running 4.3 or higher and Google Chrome. The Application may be upgraded from time to time to add new functions and services.

SECTION 13

Termination

Recuro may terminate your use of the Application at any time with or without prior notification by deactivating your username and password or suspending operation of the Application. Upon any termination, (i) the rights and licenses granted to you herein shall terminate; and (ii) you must cease all use of the Application.

Recuro reserves the right to terminate these Terms with you, or to modify or terminate the Healthcare Services and/or product offerings in connection with the Application, at any time without notice to you.

Termination between you and Recuro may only act to discontinue your personal access to the Application and such termination may not act to terminate any other contracts related to the Application between any other user and Recuro.

Following any termination, upon your written request, Recuro will provide you with a complete copy of your medical record maintained in the Application.

Terms that by their nature should survive any termination of these Terms shall so survive, including without limitation terms related to Recuro’s Intellectual Property rights and protections and Sections 14 through 18.

SECTION 14

Payment

Within the Application you may be presented with the opportunity to purchase products and services such as the Healthcare Services. Recuro collects payments on behalf of its Healthcare Providers for the Healthcare Services you purchase through the Application. You agree to pay such fees under the payment terms presented to you within the Application when you complete the checkout process. All payments are processed by third party payment processors and are subject to any terms or conditions also presented by such third-party payment processors. All fees are non-refundable.

SECTION 15

Limitation of Liability

To the fullest extent allowed by applicable law, In no event will Recruo and its affiliates be liable to you or any other person for any indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use of or access to (or inability to use or access) the Application, the content of the Application or any equipment furnished in connection therewith, including loss of profit or the like, whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise, EVEN IF RECURO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

RECURO IS NOT liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.

To the extent permitted by law, RECURO’S total maximum cumulative liability hereunder in connection with these Terms, whether arising under contract or otherwise, are limited to the fees received by RECURO under these Terms (if any), specifically relating to your use of the Application or product which is the subject of the claim.

YOU ASSUME ALL RISK FOR SELECTION AND USE OF THE APPLICATION AND CONTENT PROVIDED THEREON. RECURO SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, MISSTATEMENTS, INACCURACIES OR OMISSIONS REGARDING CONTENT DELIVERED THROUGH THE APPLICATION OR ANY DELAYS IN OR INTERRUPTIONS OF SUCH DELIVERY. ALL MEDICAL ADVICE PROVIDED IN CONNECTION WITH THE APPLICATION, INCLUDING WITHOUT LIMITATION THROUGH HEALTHCARE SERVICES, IS STRICTLY PROVIDED BY HEALTHCARE PROVIDERS AND RECURO IS NOT RESPONSIBLE FOR OR LIABLE FOR SUCH MEDICAL ADVICE AND HEALTHCARE SERVICES.

YOU ACKNOWLEDGE THAT RECURO: (I) HAS NO CONTROL OF OR RESPONSIBILITY FOR YOUR USE OF THE APPLICATION OR CONTENT PROVIDED THEREON; (II) HAS NO KNOWLEDGE OF THE SPECIFIC OR UNIQUE CIRCUMSTANCES UNDER WHICH THE APPLICATION OR CONTENT PROVIDED THEREON MAY BE USED BY YOU; (III) UNDERTAKES NO OBLIGATION TO SUPPLEMENT OR UPDATE CONTENT OF THE APPLICATION; AND (IV) HAS NO LIABILITY TO ANY PERSON FOR ANY DATA OR INFORMATION INPUT ON THE APPLICATION BY PERSONS OTHER THAN RECURO.

TO THE GREATEST EXTENT PERMITTED BY LAW, RECURO AND ITS AFFILIATES SHALL NOT BE LIABLE TO ANY PERSON (INCLUDING BUT NOT LIMITED TO YOU) FOR, AND YOU AGREE TO INDEMNIFY AND HOLD RECURO, AS WELL AS ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS AND RESPECTIVE SUCCESSORS AND ASSIGNS HARMLESS FROM ANY CLAIMS, LAWSUITS, PROCEEDINGS, COSTS, ATTORNEYS’ FEES, DAMAGES, SETTLEMENTS, OR OTHER LOSSES (COLLECTIVELY, “LOSSES”) ARISING OUT OF OR RELATING TO, (I) YOUR USE OF THE APPLICATION OR CONTENT PROVIDED THEREON OR ANY EQUIPMENT FURNISHED IN CONNECTION THEREWITH; AND (II) ANY DATA OR INFORMATION INPUT ON THE APPLICATION BY YOU, IN ALL CASES INCLUDING BUT NOT LIMITED TO LOSSES FOR TORT, PERSONAL INJURY, MEDICAL MALPRACTICE OR PRODUCT LIABILITY.

AS BETWEEN YOU AND RECURO, ITS HEALTHCARE PROVIDERS, YOU HEREBY ASSUME FULL RESPONSIBILITY FOR ENSURING THE APPROPRIATENESS OF USING AND RELYING UPON THE INFORMATION YOU PROVIDE THROUGH THE APPLICATION IN VIEW OF ALL ATTENDANT CIRCUMSTANCES, INDICATIONS, AND CONTRAINDICATIONS.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

SECTION 16

Disclaimer of Warranties

To the maximum extent permitted by law, RECURO makes no representation or warranty whatsoever, express or implied, including but not limited to representations or warranties regarding the accuracy or nature of the content of the Application, warranties of title, non-infringement, merchantability or fitness for a particular purpose.

The Application and software are provided “as is” and “as available” without warranty of any kind.

In addition, without limiting the foregoing, the Application has been designed for use in the United States.

You acknowledge that updates to the Application are at the sole discretion of RECURO. RECURO MAKES no representation or warranties whatsoever, express or implied, with respect to the compatibility of the Application, or of future releases thereof, with any computer hardware or software, nor does RECURO represent or warrant the continuity of the features or the facilities provided by or through the Application as between various releases thereof.

Any warranties expressly provided herein do not apply if: (i) you alter, mishandle or improperly use, store or install all, or any part, of the Application, (ii) you store or install the Application on a computer system which fails to meet the specifications provided by RECURO, or (iii) the breach of warranty arises out of or in connection with acts or omissions of persons other than RECURO.

No salesperson or other representative of any party involved in the distribution of the Application (if any) is authorized to make any warranties with respect to the Application or the content of the Application, beyond those contained in these Terms. Oral statements do not constitute warranties, shall not be relied upon by you, and are not a part of these Terms.

In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to this Application.

SOME STATES MAY NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR TO SELL A CONSUMER PRODUCT “AS-IS,” SO THIS EXCLUSION MAY NOT APPLY TO YOU.

SECTION 17

App Store Disclaimer

These Terms are between you and Recuro, not any other entity through which this Application is distributed, such as without limitation Google, Inc., Apple, Inc., or Amazon.com, Inc., (collectively and individually “Third Party App Stores”), and in no event shall any Third Party App Store be obligated to provide maintenance or support of the Application, provide any warranty granted in these Terms, or provide any indemnity for Intellectual Property violations of the Application. You are bound by any applicable terms set forth in relation to any such Third Party App Stores. As to an app downloaded from Apple’s app store, the license herein to the Application is only to use the app on the Apple-branded products that you own or control. In the event of any failure of the Application to comply with any warranty as set forth herein, where that Application was purchased through Apple, Inc., you may contact Apple, Inc. for a refund of the purchase price paid through Apple, Inc. You must contact Recuro and not any Third Party App Stores, regarding any product liability claims, claims that the Application fails to conform to any applicable legal or regulatory requirement, or any claims arising under any consumer protection, privacy, or similar legislation. Third Party App Stores and their subsidiaries shall be third party beneficiaries to these Terms and shall have the right to enforce these Terms against you.

SECTION 18

General

If for any reason any provision of these Terms is determined to be invalid or unenforceable under any statute or rule of law by a court of competent jurisdiction, such provision shall be interpreted in order to give effect to such provision to the maximum extent permitted by law, and the remaining provisions shall continue in full force and effect.

The laws of the State of Texas shall apply to this Agreement, without regard to any conflict of laws provisions. The 1980 United Nations Convention on Contracts for the International Sale of Goods, the United Nations Convention on the Limitation Period in the International Sale of Goods, and the Uniform Computer Information Transactions Act, and any implementations thereof in various jurisdictions and any subsequent revisions thereto, shall not apply to these Terms. Any controversy or claim arising out of or relating to these Terms or your use of the Application or the content (a “Dispute”) shall be settled by arbitration under the rules provided by the American Arbitration Association (AAA), and you hereby waive any right you may otherwise have to a jury trial. A single arbitrator shall preside over any arbitration, and such arbitrator shall, in his or her sole discretion, determine the arbitrability of any alleged Dispute. Any arbitration shall be conducted in Dallas, Texas. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, either through class arbitration proceedings or otherwise. Judgment on an award rendered by an arbitrator may be entered in any state or federal court within or without the State of Texas. Notwithstanding the foregoing, in lieu of or addition to any other remedies available to Recuro, Recuro may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of Recuro’s or any third party’s Intellectual Property or proprietary rights, or any issues related to the security of the Application. You hereby irrevocably consent to the exclusive jurisdiction and venue of the State and Federal courts of the State of Texas with respect to any such injunctive or other relief. You further acknowledge that Recuro’s rights in its Intellectual Property are of a special, unique, extraordinary character, giving those rights peculiar value, the unauthorized use, disclosure, or loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.

These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior agreements, oral or written, and all other communications relating to the subject matter hereof.

No agency, partnership, joint venture or employment relationship is created as a result of these Terms.

The failure of Recuro to enforce any part of these Terms shall not constitute a waiver of its right to later enforce that or any other part of these Terms.

The section headings in these Terms are for convenience only and shall not affect their interpretation.

These Terms are personal to you. The rights and obligations contained herein may not be assigned, transferred or sublicensed to any other party without the written consent of Recuro.

These Terms may contain typographical errors or other errors or inaccuracies and may not be correct or current. Recuro reserves the right to correct any errors, inaccuracies or omissions and to change or update these Terms at any time without prior notice. Recuro does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

If you have any questions in relation to these Terms, or complaints or claims with respect to the Application please contact Recuro at recurohealth.com

Last Modified: January 17, 2022.