Last Updated: January 1, 2025
These Terms of Service ("Terms") constitute a legally binding agreement between you and Heim Health, Inc. ("Heim Health," "Company," "we," "our," or "us"), a corporation incorporated under the laws of Delaware with its principal place of business at 500 Boylston Street, Suite 1000, Boston, MA 02116. By accessing or using the Heim Health website at heimxhealth.org ("Website") or any related services, applications, or content provided by Heim Health (collectively, the "Services"), you represent that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
If you are accessing or using the Services on behalf of a company, healthcare organization, or other legal entity, you represent that you have the authority to bind that entity to these Terms, and references to "you" in these Terms include both you individually and that entity. If you do not have such authority, or if you do not agree to these Terms, you must not accept these Terms and may not use the Services.
Heim Health reserves the right to modify these Terms at any time. We will notify you of material changes by updating the "Last Updated" date and, where appropriate, by providing additional notice. Your continued use of the Services after any modification constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Services.
Heim Health provides a digital health technology platform that enables care delivery organizations — including health systems, physician practices, accountable care organizations, and other healthcare providers — to deploy remote patient monitoring programs, telehealth services, health data analytics, and patient engagement tools. Our Services include the Heim Health platform software, associated mobile applications, device connectivity infrastructure, data integration services, clinical decision support tools, and professional services including implementation, training, and customer success support.
Access to the Heim Health platform by care delivery organizations is governed by separate Master Services Agreements or Software-as-a-Service subscription agreements between Heim Health and those organizations. These Terms govern your use of our public Website and any Services you access as an individual visitor to our Website. Enterprise platform agreements may supplement or supersede certain provisions of these Terms to the extent of any conflict.
We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services, except as expressly set forth in a separately executed written agreement.
You must be at least 18 years of age to use our Services. By using the Services, you represent and warrant that you meet this age requirement and that your use of the Services does not violate any applicable law or regulation in your jurisdiction.
If you register for an account to access the Heim Health platform or any restricted portions of our Website, you agree to provide accurate, current, and complete registration information and to maintain and update that information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must notify us immediately at security@heimxhealth.org if you suspect any unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to maintain the security of your account credentials.
We reserve the right to suspend or terminate your account at any time for any reason, including without limitation if we believe you have violated these Terms, provided false registration information, engaged in any activity that poses a security risk to the Services or other users, or failed to comply with applicable law.
You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
Violations of these acceptable use provisions may result in immediate termination of your access to the Services and may subject you to civil and criminal liability. We reserve the right to investigate and prosecute violations to the fullest extent permitted by law.
The Services and all content, features, and functionality available through the Services — including but not limited to text, graphics, images, logos, software, data compilations, and the design, selection, and arrangement of content — are owned by Heim Health, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and publicly available content for your personal or professional evaluation purposes. This license does not include the right to copy, reproduce, distribute, display, transmit, modify, create derivative works from, license, sublicense, sell, or exploit in any way the Services or any content available through the Services, except as expressly authorized by these Terms or with our prior written consent.
You retain ownership of any content, data, or information you submit to the Services. By submitting content to the Services, you grant Heim Health a worldwide, royalty-free, non-exclusive license to use, reproduce, display, and process such content solely for the purpose of providing and improving the Services to you and to our customers. Nothing in these Terms transfers intellectual property ownership of your submitted content to Heim Health.
Heim Health, the Heim Health logo, and all related product and service names, design marks, and slogans are trademarks or service marks of Heim Health, Inc. You may not use these marks without our prior written consent. All other trademarks, service marks, and trade names referenced in the Services are the property of their respective owners.
The content available on our Website — including articles, guides, clinical resources, and educational materials — is provided for general informational purposes only and does not constitute medical advice, clinical guidance, or a recommendation for any specific clinical action for any individual patient. The information on our Website is intended for healthcare professionals and organizations evaluating digital health technology solutions and is not a substitute for professional medical judgment.
Clinical decisions regarding patient care should always be made by qualified licensed healthcare professionals based on the specific clinical circumstances of individual patients, in accordance with applicable professional standards and clinical guidelines. Heim Health makes no representations regarding the clinical appropriateness of any information provided on our Website for any specific patient situation.
Access to and use of the Heim Health digital health platform by care delivery organizations is governed by separate service agreements that include specific terms related to the clinical use of platform features, clinical decision support tools, and patient data. Those agreements establish the responsibilities of both Heim Health and the care delivery organization with respect to clinical use of the platform.
Our Website may contain links to third-party websites, applications, or services that are not owned or controlled by Heim Health. We provide these links as a convenience to you and do not endorse, review, or take responsibility for the content, privacy practices, or terms of service of any linked third-party website or service. You access and use linked third-party websites and services entirely at your own risk and subject to the terms and conditions applicable to those third parties. We strongly encourage you to review the privacy policies and terms of service of any third-party websites you visit through links on our Website.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEIM HEALTH DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (B) ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; (C) ANY WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (D) ANY WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION PROVIDED THROUGH THE SERVICES.
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, Heim Health's warranties are limited to the maximum extent permitted by applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HEIM HEALTH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY: (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; (B) LOSS OF REVENUE, PROFITS, DATA, BUSINESS, OR GOODWILL; (C) COST OF PROCUREMENT OF SUBSTITUTE SERVICES; OR (D) ANY OTHER LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE TOTAL LIABILITY OF HEIM HEALTH TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES EXCEED ONE HUNDRED DOLLARS (USD $100.00) OR THE AMOUNT YOU PAID TO HEIM HEALTH FOR THE SERVICES IN THE SIX MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER. THESE LIMITATIONS APPLY EVEN IF HEIM HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY.
Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you. Nothing in these Terms limits Heim Health's liability for fraud, gross negligence, or willful misconduct, or for death or personal injury caused by our negligence.
You agree to indemnify, defend, and hold harmless Heim Health, its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Services in a manner not permitted by these Terms; (c) your violation of any applicable law or regulation; (d) your infringement of any intellectual property rights of any third party; or (e) any content you submit to or transmit through the Services. Heim Health reserves the right to assume exclusive control of the defense of any matter subject to indemnification, at your expense, and you agree to cooperate with Heim Health's defense of any such claim.
These Terms are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and the federal laws of the United States applicable therein, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or the Services shall first be subject to good-faith negotiation between the parties for a period of 30 days following written notice of the dispute.
If negotiation fails to resolve the dispute, the parties agree to submit to binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, with the arbitration to be conducted in Boston, Massachusetts. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction without first submitting to arbitration.
You agree that any claims against Heim Health must be brought in your individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. The arbitrator may not consolidate the claims of more than one person or entity and may not otherwise preside over any form of class or representative proceeding.
We may terminate or suspend your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may do so by contacting us at support@heimxhealth.org. Termination of your account does not relieve you of any obligations that arose prior to termination. Provisions of these Terms that by their nature should survive termination — including Sections 5 (Intellectual Property), 6 (Healthcare Disclaimers), 8 (Disclaimer of Warranties), 9 (Limitation of Liability), 10 (Indemnification), and 11 (Governing Law) — shall survive termination of these Terms.
Entire Agreement. These Terms and any applicable separately executed agreements between you and Heim Health constitute the entire agreement between you and Heim Health regarding your use of the Services and supersede all prior agreements, understandings, and negotiations with respect to the subject matter hereof.
Severability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
Waiver. No waiver by Heim Health of any breach or default of these Terms shall constitute a waiver of any subsequent breach or default. Our failure to enforce any provision of these Terms shall not be construed as a waiver of our right to do so at a later date.
Assignment. You may not assign these Terms or any rights or obligations hereunder without our prior written consent. Heim Health may assign these Terms without restriction in connection with a merger, acquisition, or sale of assets.
Notices. All notices to Heim Health under these Terms must be in writing and sent to: Heim Health, Inc., Attention: Legal, 500 Boylston Street, Suite 1000, Boston, MA 02116, or by email to legal@heimxhealth.org.
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