This Terms and Conditions (“Terms”) were last updated on 2/10/2023.
DO NOT USE THIS SERVICE FOR MENTAL HEALTH EMERGENCIES OR OTHER EMERGENCY MEDICAL CONDITIONS OR NEEDS. IF YOU EXPERIENCE A MENTAL HEALTH EMERGENCY, PLEASE CALL 988 OR IF YOU EXPERIENCE OTHER MEDICAL EMERGENCY, IMMEDIATELY CALL 911.
If you are considering suicide or thinking about taking an action that may cause harm or danger to you or to others, you must immediately call 911. If you are considering suicide, we urge you to call the National Suicide Prevention Hotline at 1-800-273-TALK (8255). HealthVio also provides a directory of resources for mental health emergencies and other emergent circumstances, and we urge all users experiencing immediate or emergency crises to use these resources.
1. Terms and Conditions.
Please read these Terms and Conditions (“Terms”) carefully before using the https://healthvio.com website operated by HealthVio Inc. (“HealthVio,” “us,” “we,” “our”), (all hereinafter collectively, the “Platform”). The Platform itself and HealthVio services like MD and Holistik Health, including all underlying technology, together, will be referred to as the “Services”). HealthVio Services allow registered users (“Users”, “you”, “your”) to connect and communicate directly with Authorized Providers via the Services. Authorized Providers are independent contractors who have chosen to use HealthVio to provide Authorized Services. Authorized Providers are NOT employees, nor do they otherwise act on behalf of HealthVio in providing Services. The relationship between you and any Authorized Provider, is a professional-client relationship to which HealthVio is not a party.
HealthVio participates in a model Organized Health Care Arrangement (“OHCA”) as describe by the Health Insurance Portability and Accountability Act (HIPAA) for the purpose of operating and sharing best practices of protecting your health information. The OHCA creates no legal representations, warranties, obligations, or responsibilities between the entities participating in the OHCA beyond following HIPAA best practices.
We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Service and, by accessing or using the Service after changes are posted, you agree to those changes. Material changes will be conspicuously posted on the Platform or otherwise communicated to you.
A. MD Service. The MD Services may be used to connect you with an Authorized Provider who will provide Services to you through the HealthVio Platform. We require every Authorized Provider providing Services on the HealthVio Platform to be a registered, trained, and experienced, and certified health care provider. Authorized Providers must have a relevant academic degree in their field and must be qualified and accredited by their respective professional organization after successfully completing the necessary education, exams, training, and practice requirements as applicable.
If our Authorized Providers find your care request to use Authorized Services appropriate, they may write you a prescription and send it to a US-licensed pharmacy of your choice, or a pharmacy affiliate. The delivery time will depend on your location. Authorized Providers cannot prescribe controlled substances.
Authorized Providers are independent contractors who have chosen to use HealthVio to provide Authorized Services. Authorized Providers are NOT employees, nor do they otherwise act on behalf of HealthVio in providing Services. The relationship between you and any Authorized Provider, is a professional-client relationship to which HealthVio is not a party.
AUTHORIZED PROVIDERS ARE SOLELY RESPONSIBLE FOR THE SERVICES THEY PROVIDE TO YOU, INCLUDING COMPLIANCE WITH STANDARDS OF CARE, RECORD-KEEPING, AND ALL OTHER APPLICABLE PROFESSIONAL OBLIGATIONS, AS WELL AS COMPLIANCE WITH PRIVACY LAW.
As with any other health care consultation, no results can be guaranteed or assured in connection with our Services. Your Authorized Provider may determine that our Services are not appropriate for some, or all of your treatment needs or that he/she is not permitted to provide the services you require and may elect not to provide our Services to you. Authorized Providers also have the discretion to discontinue the provision of our Services to you at any time and for any reason.
You are responsible for providing your Authorized Provider with the information that he/she advises is required in order to provide you with our Services. If you decline to provide that information, the Authorized Provider may not be able or willing to provide you with our Services.
As with any other health care services, there are risks associated with the use of our Services. In addition to any risks communicated to you by your Authorized Provider, there are risks unique to the electronic provision of health services, which include that the HealthVio may not permit the transmission of information in a way that allows the Authorized Provider to provide our Services directly to you.
Authorized Providers are NOT permitted to prescribe controlled substances.
B. Holistik Health. The Holistik Health services use self-report measures that include questions focused on certain aspects of your health and lifestyle. Data can be shared by connecting your wearable device to the HealthVio account. Answers to Holistik Health questionnaires, your wearable device data and any other information you choose to share for a better overview of your health, will help you and your Authorized Provider understand and optimize your overall health.
If you choose to connect your wearable device to your HealthVio account, Holistik Health will only have access to information from your wearable device, which you select and direct to be shared with Holistik Health. Once you’ve selected which data to share, the information is sent and incorporated into your HealthVio account. If you don’t want your health information to be shared with Holistik Health, you must not connect your wearable device to the account. By connecting your wearable device to the account, you are choosing to share your health information with Holistik Health to be reviewed and integrated into your assessment.
You can amend your health data and can add information to your Holistik Health profile to make your
information more accurate or complete. You can limit the use or disclosure of Personal Information by selecting from your wearable device the exact data you want or don’t want to share. You must answer the questionnaires honestly and truthfully so our healthcare professionals can give you appropriate and effective recommendations to improve your health.
Not Medical Advice
Any and all services provided by, in and/or through the Holistik Health Services are for informational purposes only. Holistik Health does not provide medical services. Nothing contained in the Services should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment, and the information made available on or through the Services should not be relied upon when making medical decisions, or to diagnose or treat a health condition or illness. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND HOLISTIK HEALTH.
You should seek the advice of a physician or a medical professional with any questions you may have regarding your health or preventive care. You represent to us (which representation shall be deemed to be made each time you use the Services), that you are not using the Services for purpose of seeking medical attention. If any information you receive or obtain from using the Services is inconsistent with the medical advice from your physician, you should follow the advice of your physician.
Holistik Health assessments are not a substitute for and are not an alternative to healthcare diagnosis and treatment. You should seek diagnosis, treatment and advice regarding any health concern or illnesses from physicians practicing medicine and other licensed healthcare professionals. Under no circumstances will any of your interactions with our Holistik Health be deemed or construed to create a physician-patient relationship or a fiduciary duty of any kind whatsoever.
The score obtained when performing both assessments is based solely from the information that the consumer provides us. If the information provided by the consumer is incorrect, the score obtained will not be accurate. To get the most accurate result make sure you answer honestly.
Holistik Health services are owned and managed by HealthVio. HealthVio reserves the right to make anychange, modification, addition or delete any service(s) or product(s) in both Holistik Health.
Services from Holistik Health are currently free. However, we reserve the right to change or add a payment for Holistik Health services anytime with proper notification to consumers.
You must accept these Terms to create a HealthVio account and to access our healthcare professionals’ recommendations. If you do not have an account, you accept these terms by using any part of Holistik Health assessments. If you do not accept these terms, do not create an HealthVio account or use Holistik Health Services.
3. Privacy and Security.
Protecting and safeguarding any information you provide through the Platform is extremely important
To protect the integrity of our Platform and Services, HealthVio reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing our Platform.
4. Rules of Conduct and Account Eligibility.
- provide true, accurate, current, and complete information about yourself as prompted by our Account sign-up form (understanding that during therapy sessions you may use a nickname);
- maintain, and promptly update such Account information, each time you log on, as far as possible to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or HealthVio has reasonable grounds to suspect that such Account information is untrue, inaccurate, not current, or incomplete, HealthVio reserves the right to transition your treatment to another Provider outside of HealthVio or take other steps as appropriate;
- certify that you (i) are over the age of eighteen (18), and (ii) physically located or are a resident of the State or Country you have chosen as your current residency when creating your Account; and
- remain responsible for maintaining the confidentiality of your Account password and username (if any), and any other security information related to your Account at all times. HealthVio will not be liable for any loss that you incur as a result of someone else accessing and using your Account, either with or without your knowledge.
- It is a condition of your use of our Platform that you use our Platform only for lawful purposes in accordance with this Agreement, and that you do not:
- Attempt to circumvent and violate the security of our Platform by, including, without limitation:
- accessing content and data that is not intended for you;
- attempting to breach or breaching the security and/or authentication measures, which are not authorized;
- restricting, disrupting or disabling service to users, hosts, servers or networks;
- illicitly reproducing TCP/IP packet header;
- disrupting network services and otherwise disrupting HealthVio’s ability to monitor our Platform;
- using any robot, spider or other automatic device, process or means to access our Platform for any purpose, including monitoring or copying any of the material on our Platform;
- introducing any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful; attacking our Platform via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; or
- otherwise attempting to interfere with the proper working of our Platform.
- access or use for any commercial purposes any part of our Platform or any services or materials available through our Platform;
- directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform, in any form or medium hatsoever nor delete or alter any copyright, trademark or other proprietary rights or notices from copies of materials from our Services or platform except:
- Your computer and browser may temporarily store or cache copies of materials beingaccessed and viewed;
- A reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication or distribution of any kind on any medium whatsoever;
- One single User copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use; and
- In the event that social media are linked to certain content on our Platform, you may take such actions as our Website, and such third-party social media platforms permit.
- Use our Services or make User Submissions that:
- Are for any purposes other than logging and submitting your data to and communicating with your Authorized Provider;
- In any manner, violates the terms of service of any third-party website that is linked to our Platform, including but not limited to, any third-party social media website;
- Includes or contains any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory or discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in HealthVio’s sole discretion;
- Involves stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations or code;
- Involves, provides or contributes any false, inaccurate or misleading information;
- Includes sending, knowingly receiving, uploading, downloading, using or reusing any material that does not comply with these Terms and Conditions;
- Impersonates or attempts to impersonate HealthVio, an Authorized Provider, another User or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
- Transmits, or procures the sending of, any advertisements or promotions without our prior written consent, sales or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter or advertising or any other similar solicitation;
- Encourages any other conduct that restricts or inhibits anyone’s use or enjoyment of our Platform, or which, as determined by us, may harm HealthVio or Users of our Platform, or may expose HealthVio or other Users to liability;
- Causes annoyance, inconvenience or needless anxiety or be likely to upset, embarrass or alarm any other person;
- Promotes any illegal activity, or advocates, promotes or assists any unlawful act; or
- Gives the impression that you originate from or are endorsed by us or any other person or entity, if this is not the case.
- Attempt to circumvent and violate the security of our Platform by, including, without limitation:
5. Purchase and Payment Information.
If you book an appointment through HealthVio, you will have twenty-four (24) hours before the appointment in which to cancel the appointment and receive a full refund. Cancellations less than twenty-four (24) hours before appointments will not result in a refund, but may be applied towards a rescheduled appointment.
6. Intellectual Property Rights and Ownership.
The HealthVio Website information, logos and graphics are the property of HealthVio or its licensors and are protected from unauthorized copying and dissemination by copyright law, trademark law, patent law, industrial design law, and other intellectual property laws. Subject to these Terms, HealthVio grants to you a revocable, non-transferable, non-exclusive license to download, install, and use one copy of our Platform on a mobile device or other supported device that you own or control for your personal, non-commercial use (the “License”). The Platform is hereby licensed to you and not sold. Source code as well as any other information pertaining to the logic, design, or structure of the HealthVio Services and Platform, including the object or executable code form thereof, is specifically excluded from the License granted hereunder.
Title to our Platform, and all documentation and material whatsoever related thereto, shall at all times remain with HealthVio, and all intellectual property rights of whatever nature with respect thereto shall be and remain the exclusive property of HealthVio. Nothing these Terms gives you a right to use HealthVio’s names, trademarks, logos, domain names, or other distinctive brand features without prior written consent from HealthVio. Any future release, update, or other addition to functionality of our Website shall be subject to the Agreement. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
7. Healthvio Reach Rights
HealthVio reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, HealthVio will not be liable for the accuracy of information, or the claims made in the Sponsored ads. HealthVio does not encourage the Users to visit the Sponsored ads page or to avail any services from them. HealthVio will not be liable for the services of the providers of the Sponsored ads.
You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and HealthVio accepts no liability for the same.
8. Third-Party Content.
The Platform may contain other content, products or services which are offered or provided by third parties (“Third-Party Content”), links to Third-Party Content (including but not limited to links to other websites) or advertisements which are related to Third-Party Content. We have no responsibility for the creation of any such Third-Party Content, including (but not limited to) any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third-Party Content.
While using our platform, you may choose to authorize HealthVio and its third-party contractors or affiliates to retrieve and disclose your health records and protected health information. These records may not be a complete 100% comprehensive record, and these records may not be useful for diagnostic purposes. These health records will be shared with Authorized Providers to ensure great healthcare services. HealthVio does not alter or modify medical records received from its third parties. Please note that if you authorize to retrieve your medical records through our third-party, you may receive a more comprehensive set of medical records if the following information is provided accurately: full address, first name, last name, gender, and date-of-birth. If at any time you wish to revoke this authorization, you may do so by deleting your profile on the HealthVio Website.
OUR WEBSITE IS PROVIDED “AS IS”. WHILE HEALTHVIOENDEAVORS TO PROVIDE ACCURATE, CURRENT AND TIMELY INFORMATION, HEALTHVIOMAKES NO REPRESENTATION, WARRANTIES OR COVENANTS OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING OUR WEBSITE INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION, WARRANTY OR COVENANT THAT: (I) OUR WEBSITE CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, TIMELY, OF MERCHANTABLE QUALITY OR SUITABLE FOR A PARTICULAR PURPOSE; (II) THE OPERATION OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; (III) OUR WEBSITE SHALL PROCESS DATE AND TIME-RELATED DATA WITHOUT CAUSING ANY PROCESSING INTERRUPTIONS, ABNORMAL TERMINATION OR WITHOUT PROCESSING OR MANIPULATING ANY TIME-RELATED DATA; (IV) OUR WEBSITE WILL BE FREE FROM MATERIAL DEFECTS OR THAT DEFECTS OR ERRORS, WHETHER HUMAN OR COMPUTER ERRORS, IN OUR WEBSITE WILL BE CORRECTED; (VI) OUR WEBSITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS THAT MAY DAMAGE OR INFECT YOUR DEVICE OR OTHER PROPERTY; OR THAT (VII) COMMUNICATIONS TO OR FROM OUR WEBSITE WILL BE SECURE AND/OR NOT INTERRUPTED.
YOU AGREE THAT YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ANY OTHER SECURITY INFORMATION RELATED TO YOUR USE OF THE PLATFORM. YOU AGREE TO NOTIFY HEALTHVIO IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR USERNAME OR PASSWORD.
10. Limitation of Liability.
IN NO EVENT SHALL HEALTHVIOOR ITS AFFILIATES, SUBSIDIARIES, AGENTS, INDEPENDENT CONTRACTORS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO MEDICAL OR PERSONAL INJURY; WRONGFUL DEATH; INACCURATE INFORMATION; LOST BUSINESS; OR ANY OTHER LOSS INCURRED IN CONNECTION WITH YOUR OR YOUR AUTHORIZED PROVIDER’S USE, MISUSE OR RELIANCE UPON OUR WEBSITE; YOUR OR YOUR AUTHORIZED PROVIDER’S INABILITY TO USE OUR WEBSITE; THE ACTS, OMISSIONS, CONDUCT, CONTENT PROVIDED BY OR STATEMENTS AND OPINIONS EXPRESSED BY ANY THIRD-PARTY; OR THE HEALTH CARE YOU RECEIVE, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF HEALTHVIOOR ITS AFFILIATES, SUBSIDIARIES, AGENTS, INDEPENDENT CONTRACTORS, SHAREHOLDERS, DIRECTORS, OFFICERS, OR EMPLOYEES KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PROVIDED BY LAW, HEALTHVIOWILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED THEREON OR ON ANY WEBSITE LINKED TO OUR WEBSITE.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU OR ON YOUR BEHALF THROUGH THE PLATFORM IN THE 12 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM.
If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
This section (Limitation of Liability) shall survive the termination or expiration of this Agreement.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS HEALTHVIOAND ITS AFFILIATES,SUBSIDIARIES, AGENTS, INDEPENDENT CONTRACTORS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, COSTS, OR EXPENSES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LEGAL FEES AND DISBURSEMENTS, RESULTING DIRECTLY OR INDIRECTLY FROM: (I) YOUR BREACH OF ANY OF THESE TERMS AND CONDITIONS; (II) YOUR OR YOUR AUTHORIZED PROVIDER’S DOWNLOAD, USE, OR MISUSE OF, OR RELIANCE UPON, OR INABILITY TO ACCESS OR USE OUR WEBSITE; (III) YOUR USE OR ACCESS OF ANY LINKED WEBSITES, SUCH AS THIRD-PARTY WEBSITES; (IV) ANY USER SUBMISSIONS, CONTENT, MATERIALS, POSTING OR INFORMATION ON OUR WEBSITE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT, LOGIN CREDENTIALS, TRANSMISSIONS OR DATA, INCLUDING YOUR AUTHORIZED PROVIDER’S FAILURE TO KEEP PASSWORDS, ACCOUNT DETAILS AND ANY PERSONAL INFORMATION OR PERSONAL HEALTH INFORMATION SECURE AND CONFIDENTIAL; (VI) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY; (VII) CHANGES TO OUR WEBSITE; (VIII) OUTCOMES IN YOUR TREATMENT OR ENGAGEMENT WITH YOUR AUTHORIZED PROVIDER; (IX) INACCURACY OF THE INFORMATION YOU OR YOUR AUTHORIZED PROVIDER ENTERS OR ALLOWS SOMEONE ELSE TO ENTER INTO OUR WEBSITE; OR (X) MISUSE OF INFORMATION TRANSMITTED TO OR BY YOUR AUTHORIZED PROVIDER OR OTHERWISE.
This section (Indemnification) shall survive the termination or expiration of this Agreement.
12. Modifications to our Website.
HealthVio reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, our Platform or any part thereof, with or without notice to you. HealthVio shall not be liable to you or to any third party for any modifications, suspension or discontinuance of our Platform or any part thereof. If HealthVio becomes involved in a merger, acquisition, or a sale of some or all of its assets, HealthVio reserves the right to re-brand or relocate its services.
13. Notice to California Residents.
The Board of Behavioral Sciences receives and responds to complaints regarding services provided within the scope of practice of (marriage and family therapists, clinical social workers, or professional clinical counselors). You may contact the board online at www.bbs.ca.gov, or by calling (916) 574-7830.
14. Subscriptions and Promotions.
HealthVio reserves the right, in its sole and absolute discretion, to determine your eligibility for any promotional offer pursuant to the applicable Promotional Terms. HealthVio reserves the right to change, amend and alter then-current promotional offers or Promotional Terms as well as institute new promotional offers in its sole and absolute discretion. HealthVio does not guarantee that any promotional offers are or will be available to you at all, or in connection with any services desired by you.
The prices and availability of products and services made available on the Service may change at any time without notice to you. Prices remain valid while they are listed and offered on the Service. Prices will be as posted on the Service as of the date and time of your order, as applicable. Availability of products and services may be limited, and products may not be available for immediate delivery. Some products and services may not be available in certain areas.
15. Contact Us
A copy of this Terms and Conditions may be obtained in an alternate format or language by emailing firstname.lastname@example.org. If you have questions about this policy or would like to submit a request at email@example.com.