Veta Health Terms of Service
Veta Health, LLC (“Veta Health,” “Company,” “us,” “our,” and “we”) is a service that enables patients to engage in clinically validated care plans with their care partners, healthcare providers, and health organizations. These Terms of Service (the “Terms”) apply to our website located at www.myvetahealth.com, www.vetahealth.co, and www.veta.health (collectively, the “Site”) and web portal and mobile application (collectively, the “Platform”) provided by Veta Health for your use in connection with our services (such services, Site, and Platform, collectively, the “Service”).
These Terms apply to anyone using our Service (collectively, “You”), including (a) casual visitors to our Site who are not registered to use our Platform and (b) individuals who have registered to use our Platform, including patients, care partners, healthcare providers, and health organizations (collectively, the “Users”), as defined below:
- Patients use the Service to participate in their personal health management and to facilitate care coordination through data sharing (a “Patient”).
- Care partners are authorized by a Patient or Healthcare Provider to use the Services to contribute to and monitor the Patient’s health (a “Care Partner”).
- Healthcare organizations, including hospitals and health systems, utilize our Services to streamline workflows and improve care efficiency and outcomes (collectively, a “Health Organization”).
- Clinicians, physicians, and/or pharmacists (collectively, a “Healthcare Provider”) utilize the Service to track and improve patient health outcomes.
Your Acceptance of These Terms of Service
The Service provides individuals accessing it with general information on healthcare and other general content pertaining to health topics and access to their Healthcare Providers. The Service contains certain pages, sections, services, and content that are only available to registered Users of Veta Health’s Services, including a means to share, track, and monitor personal health information relating to health condition(s) by facilitating the connection between you and Healthcare Providers through use of the Service. The Healthcare Providers who deliver services through Veta Health’s Service are independent professionals. We do not practice medicine or any other licensed profession, and do not interfere with the practice of medicine or any other licensed profession by Healthcare Providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither Veta Health nor any third parties who promote the Services or provide you with a link to the Services shall be liable for any professional advice you obtain from a Healthcare Professional via the Services.
IMPORTANT NOTICE ABOUT YOUR HEALTH INFORMATION. Veta Health is not a healthcare provider. Veta Health is a business that facilitates convenience in collecting and reviewing your health information. Veta Health does not provide medical advice, and Veta Health is not intended to diagnose, treat or prevent illness or ailments. Please seek the advice of your healthcare provider with any questions you may have regarding a medical condition or treatment options. If you are experiencing a medical emergency, please use the emergency contact number for your geographic location.
Reliance on Information
We do not warrant the accuracy, completeness, or usefulness of health information at any time. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility for liabilities arising from any reliance placed on such content by you or any other User and/or visitor to our Service, or by anyone who may be informed of any of its contents. Any reliance you place on such information in the Platforms is strictly at your own risk. Veta Health disclaims all liability and responsibility for liabilities arising from any reliance placed on such content by you, any other User of our Platforms, or by any individual that might make decisions using information in the Platforms.
Users Located in the United States
If you share information with Veta Health relating to a particular User located in the United States that is subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and defined under 45 CFR § 160.103 (“PHI”), or share personally identifiable information subject to the Family Educational Rights and Privacy Act (FERPA) and defined under 34 CFR § 99.30 (“PII”), you warrant and represent that you have the appropriate authorization and consent to share that information under relevant federal, state and international law, as applicable, and will share only such information that is accurate, up-to-date, and only to the extent minimally necessary to satisfy the lawful purpose for which you are sharing the PHI and/or PII.
Users Located in the European Union
If you share information with Veta Health relating to a particular User located in the European Union that qualifies as a special category of personal data related to the physical or mental health of a natural person (“Data Concerning Health”) under the EU General Data Protection Regulation (Regulation (EU) 2016/679) and local ancillary data protection legislation (“GDPR“), you warrant and represent that you have the appropriate authorization and explicit consent (which shall be obtained separately from any terms and conditions or contractual wording) to share that information under relevant international law, as applicable. You will share only such information that is accurate, up-to-date and only to the extent minimally necessary to satisfy the lawful purpose for which you are sharing the Data Concerning Health.
You further warrant and represent if you share with us any PHI and/or Data Concerning Health (cumulatively, “Personal Health Data”) related to the examination, diagnosis, or treatment of a patient for a mental health condition, including, but not limited to a psychiatric or psychological condition (cumulatively, “Mental Health Condition”), you have obtained the appropriate authorization and/or explicit consent required under relevant international law, as applicable. In the event you are receiving health data, you warrant and represent your commitment to maintain and protect the confidentiality of the Personal Health Data as required law, as applicable.
Health Content and Usage
Our Platform contains educational information concerning health and allows Patients to access and upload his or her Personal Health Data or data provided by his or her Healthcare Provider. Unless provided directly by your treating Healthcare Provider, any health information provided by the Platform is for educational use only and is not a substitute for professional medical advice, diagnosis, or treatment. Seek the advice of your Healthcare Provider with any questions you may have regarding a medical condition or treatment options. Never disregard, avoid, or delay in obtaining medical advice from your Healthcare Professional because of something you have read on our Platform.
Medical information is a highly private topic. Various laws have been enacted to protect the right to privacy of patient information. These laws include HIPAA and the Health Information Technology for Economic and Clinical Health Act (“HITECH Act”) in the United States, and GDPR in the European Union, as referenced above.
By providing any information to the Service:
- You agree that you are voluntarily providing this information.
- You agree that the information provided pertains only to you, your minor child or an individual of whom you are the legal guardian.
- You agree that you have the right to use and publish this health data.
- You agree that you will not message us information about others as this messaging may violate federal, state or local law. For example, messaging information regarding another individual’s HIV or AIDS related status or testing information may violate applicable laws and may subject you to criminal and/or civil penalties.
- You remain responsible for any material or data you message.
You further warrant and represent that you understand that the Personal Health Data subject to release, exchange, use and disclosure on our Platform may have been created before or after the date on which you agree to these Terms, and may include records and information regarding your or your child’s health history, treatment, hospitalization, tests, and outpatient care, all of which may relate to sensitive health conditions, if any, including but not limited to drug, alcohol, or substance abuse, psychological, psychiatric or other mental impairment(s) or developmental disabilities, including psychotherapy notes, sickle cell anemia, birth control and family planning, records that may indicate the presence of a communicable disease or noncommunicable disease and tests for or records of HIV/AIDS or sexually transmitted diseases or tuberculosis, and genetic diseases or tests. This information may also include copies of educational tests or evaluations, including Individualized Educational Programs, assessments, psychological and speech evaluations, immunizations, recorded health information (such as height, weight), and information about injuries or treatment.
You also acknowledge and understand that you have the right to revoke and withdraw your authorization hereunder at any time regarding any future uses or disclosures by giving written notice to Veta Health. However, in the event you revoke and withdraw your authorization hereunder, you warrant and represent that you understand that organizations that had permission to access the Personal Health Data before such revocation and withdrawal may have copied or included any Personal Health Data they may have received through the Platforms to their own records and, in many circumstances, they are not required to return any information they were provided nor are they required to remove it from their own records.
Healthcare Providers and Health Organizations may use the Services, specifically the Platform, to provide information relating to a Patient or to assist in the facilitation of care. All such Users warrant and represent compliance with all applicable business associate agreements or data protection agreements, master services agreements, and their own internal company policies. Veta Health will not be liable for User violations of any agreements or policies governing that User.
All Healthcare Providers, Health Organizations, or any other such Users of the Platform warrant and represent that use of the Platform will be limited solely to providing, viewing, and acting upon the minimum personal health information necessary to effectuate the requested service and in accordance with any applicable Health Organization’s or employer policies and procedures.
The inclusion of Healthcare Providers on the Service does not imply recommendation or endorsement of such Healthcare Provider, nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any Healthcare Provider contained therein.
Links to Third-Party Sites
Not all mobile devices or handsets may be supported by this messaging service. Veta Health and any mobile carriers are not liable for delayed or undelivered messages. Message and data rates may apply to any text messages. Message frequency depends on the nature of your request. You hereby agree to be responsible for all costs, charges and fees you incur from your service or device provider as a result of choosing to receive such messages.
By using the Service, you affirm that you are over the age of 18. You agree not to interrupt or attempt to interrupt the Service’s operation or any other person’s use of the Service in any way. Any conduct by you that, in our sole discretion, restricts, inhibits or interferes with the ability of any other user to enjoy the Service will not be permitted, including by means of hacking or defacing any portion of the Service, or by engaging in password “mining,” spamming, flooding or other disruptive activities.
Veta Health may, without notice to you, suspend your Service or remove any materials transmitted via the Platforms if we discover facts that lead us to reasonably believe the Service is being used in violation of these Terms. You agree to cooperate with our reasonable investigation of any suspected violation of these Terms. We may attempt to contact you prior to your suspension; however, prior notification is not assured.
Accounts, Passwords, and Security
You agree that the information you supply will be accurate and that you will not supply the email address of, or register under the name of, another person. We reserve the right to reject any username we deem offensive or inappropriate. Users may not register as a business name.
You agree to comply with all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur under your User ID and/or password. You must protect the confidentiality of your password, and you should change your password periodically. You are responsible for the acts or omissions of any individual to whom you grant access, either intentionally or unintentionally, by sharing your User ID and/or password.
Further, by way of example and not as a limitation, you agree not to:
- Use the Service in connection with chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Harvest or otherwise collect information about others, including email addresses, without their consent.
- Create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message.
- Transmit through the Service any materials that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature.
- Transmit any material that contains viruses, Trojan horses, worms, trap doors, back doors, Easter eggs, time bombs, cancelbots, net bots, or any other harmful or deleterious programs or scripts.
- Violate any law regarding the transmission of technical data or software exported from the United States through the Service.
- Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks.
- Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
- Interfere with another User’s use and enjoyment of the Service.
Users are solely responsible for protecting their accounts from access by others. You are strongly encouraged to select a hard-to-guess password and not re-use that password on any other sites. While it is possible for Users to maintain multiple accounts, we may track multiple accounts from single or multiple computers as one account in Terms violations. If the Terms are violated severely enough to warrant the banning of one account, all known accounts shared between a single or multiple Users who use the same computer may also be banned for the actions of the violating account at the administrators’ discretion. Because of this rule, it is highly recommended that Users neither share their accounts with others nor share their computers used to access the Services with others, as the actions of some other person could directly impact all known shared message board accounts. Should a User be temporary blocked from the Platforms based on violations of the Terms, we ask that they comply with the banned period. Permanent bans will result in Users “hacking” their way onto the Platforms using Proxy IP addresses.
Violations of system or network security are prohibited and may result in criminal and civil liability. We will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. You must take reasonable security precautions considering your use of the Service. You are solely responsible for any breach of security.
Intellectual Property Rights
Except as otherwise expressly stated, all Content appearing on the Service is the copyrighted work of Veta Health or its third party content providers, and is protected by United States and international copyright, trademark, patent, intellectual property, and other laws. “Content” includes any photos, images, graphics, video, audio, data, text, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the Platforms and their underlying technology. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our Platforms in whole or in part.
Permission for all other uses of Content, service marks, trademarks, logos, trade dress or other intellectual property contained herein, including reproducing and distributing multiple copies or using Content, service marks, trademarks, logos, trade dress or other intellectual property on any other website or networked computer or linking to any page at the Service, must be obtained from Veta Health or the appropriate rights owner in advance; otherwise, such use is prohibited. Requests for such authorization from Veta Health should be submitted via an email to email@example.com. All design rights, databases and compilation and other intellectual property rights associated with the Service, in each case whether registered or unregistered, and related goodwill, are proprietary to Veta Health. All individual articles, content and other elements comprising our Services are also copyrighted works.
User-Provided Content; License
With the exception of the Personal Health Data belonging to Users located in the European Union, by generating content and other materials to the Service, you automatically grant the right to Veta Health to use, copy, modify, adapt or publish the content that you message, including for purposes of advertising and publicity on the Platforms and elsewhere. Veta Health is under no obligation to pay you for your messaging. By your messaging, you receive consideration in terms of the publication of your message and the goodwill surrounding your content.
You are solely responsible for all materials, whether publicly messaged or privately transmitted, that you upload, message, email, transmit, or otherwise make available on our Platform (“User-Provided Content“). You certify that you own all intellectual property rights in User-Provided Content. You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish User-Provided Content and subsequent versions of User-Provided Content for the purposes of (i) displaying User-Provided Content on our Platforms, (ii) distributing User-Provided Content either electronically or via other media, to Users seeking to download or otherwise acquiring it, and/or (iii) storing User-Provided Content in a remote database accessible by end Users, for a charge. This license shall apply to the distribution and the storage of User-Provided Content in any form, medium, or technology now known or later developed, including print publication.
You acknowledge that we are not responsible or liable to you or to any third party for the content or accuracy of User-Provided Content. We do not control the communications, information or files uploaded by Users on the Platform or Service. You may be exposed to content that you find offensive, indecent or objectionable, or that is inaccurate, and you bear all risks associated with using that content. You understand that we have no obligation to monitor any areas of the Service through which Users can post User-Provided Content. However, we reserve the right, in our sole discretion, to screen User-Provided Content and to edit, move, delete, and/or refuse to accept any User-Provided Content that in our judgment violates these Terms or is otherwise objectionable, whether for legal or other reasons.
We may revise these Terms at any time, and you agree to be bound by the revised Terms. Any modification will become effective when it is first messaged through the Platforms. You are responsible to return to the Terms from time to time to review the most current Terms. We may notify you by either messaging a new version of these Terms or by notifying visitors on the Site that a new version has been messaged.
You represent and warrant that you will not hold us responsible for the quality, safety, or accuracy of the materials on the Platforms. We provide no warranty or guarantee regarding the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. If you are aware of any relevant errors, inaccuracies, or discrepancies, including pricing discrepancies please alert us at firstname.lastname@example.org.
You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Veta Health are each waiving the right to a trial by jury or to participate in a class action. You and Veta Health agree that any dispute, claim or controversy arising out of or relating in any way to your use of the Platform or Services shall be determined by binding arbitration instead of in courts of general jurisdiction. Your rights will be determined by a neutral arbitrator and not a judge or jury and your claims cannot be brought as a class action. This arbitration provision shall survive termination of these Terms and any other contractual relationship between you and Veta Health. All arbitration proceedings must occur under the Rules of Arbitration of the American Arbitration Association applying Florida law.
If you are a User located in the Netherlands, you will be granted one month after the moment Veta Health has invoked this arbitration clause to indicate that you wish the relevant claim to be settled before the competent court instead of the arbitrator, in which case the claim will be handled by that court.
Please note that depending upon your residence and/or the location where you use our Services, your use of the Services may require you to submit any disputes about our Services to binding arbitration.
This Terms of Service constitutes the entire agreement between the parties with respect to the subject matter that it describes. This Terms of Service supersedes all prior proposals, negotiations, conversations, discussions and agreements between the parties concerning the information it covers.
If, for any reason, a court of competent jurisdiction finds any provision or part of a provision of this Terms of Service unenforceable, that provision shall be enforced to the maximum extent permissible to affect the intent of these Terms. Any remaining provisions of these Terms will continue to be enforced with full effect.
ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ANY WARRANTIES: (i) FOR THETIMELINESS, ACCURACY, AND PERFORMANCE OF THE PLATFORMS AND THE SERVICE, AND – FOR USERS LOCATED IN THE UNITED STATES, FOR THE SECURITY LIABILITY; (ii) FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE COMPANY SITE OR THE PLATFORMS OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE PLATFORMS; OR (iii) FOR VIRUSES OR OTHER HARMFUL COMPONENTS CONTAINED IN THE PLATFORMS OR THE SERVICE. YOU USE ANY INFORMATION OR MATERIALS ON THIS WEBSITE ENTIRELY AT YOUR OWN RISK. IT IS YOUR RESPONSIBILITY TO ENSURE THAT ANY PRODUCTS, SERVICES, OR INFORMATION AVAILABLE THROUGH THE PLATFORMS MEET YOUR SPECIFIC REQUIREMENTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, USER ACKNOWLEDGES THAT THE VETA HEALTH SOFTWARE AND THE SERVICES OR ANY OTHER HARDWARE OR SOFTWARE USED IN CONNECTION WITH ANY SERVICES HEREUNDER ARE PROVIDED “AS IS” AND THAT VETA HEALTH GIVES NO WARRANTY WITH RESPECT TO THE FUNCTIONALITY, ACCESS, OR PROVISION OF ANY INTERNET CONNECTIVITY.
WE DISCLAIM, HOWEVER, ANY LIABILITY RELATED TO THE CONTENT OF ANY SUCH MATERIALS, WHETHER OR NOT ARISING UNDER THE LAWS OF COPYRIGHT, LIBEL, PRIVACY, OBSCENITY, OR OTHERWISE. YOU ACKNOWLEDGE THAT IT IS OUR POLICY TO COOPERATE WITH LAW ENFORCEMENT AGENCIES INVESTIGATING ILLEGAL OR IMPROPER ACTIVITIES RELATING TO THE PLATFORMS OR THIS SERVICE AND THAT WE RESERVE THE RIGHT AT ALL TIMES TO EDIT, REFUSE TO POST, OR TO REMOVE ANY MATERIALS, IN WHOLE OR IN PART, THAT IN OUR SOLE DISCRETION, ARE OBJECTIONABLE OR IN VIOLATION OF THESE TERMS.
UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORMS OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORMS OR THE SERVICE, FROM INABILITY TO USE THE PLATFORMS OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORMS OR THE SERVICE. IN NO EVENT WILL VETA HEALTH’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORMS OR THE SERVICE EXCEED $500 (FIVE HUNDRED DOLLARS). SUCH DISCLAIMERS AND LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE OUR PLATFORMS OR THE SERVICE OR ANY LINKS ON THE PLATFORMS, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORMS OR THE SERVICE OR ANY LINKS ON THE PLATFORMS. THESE DISCLAIMERS AND LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted and some of the foregoing disclaimers and limitations may not apply to you.
You agree to indemnify and hold us, our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of materials you submit, message or make available through the Service or Platforms, your use of the Service or Platforms, your violation of the Terms, your breach of any of the representations and warranties in these Terms, or your violation of any rights of another person or entity.
You further consent that this Terms of Service is governed by and shall be construed in accordance with the laws of the State of Florida, United States, without reference to its conflicts of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Florida for any disputes arising out of the use of the Platform and/or Service.
If you are a User in the European Union, this choice of law shall not deprive you of any consumer protection you enjoy under the laws applicable in your home state. Furthermore, you shall then be entitled to submit a claim, or have a claim settled, before the competent court of your place of residence.
Copyright Infringement Complaints
We disclaim any responsibility or liability for copyrighted materials posted on the Platforms. Pursuant to Title 17, United States Code, Section 512(c)(2), if you believe that your work has been copied in a way that constitutes copyright infringement, are authorized to act on behalf of a copyright owner, or authorized to act under any exclusive right under copyright, please send a report of the alleged copyright infringement to the following Designated Agent:
Veta Health, LLC 101
Avenue of the Americas, Floor 3
New York, NY 10013
Under Title 17, United States Code, Section 512(c)(3)(A), to be effective the notification must include substantially the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed.
- Identification of the copyrighted work or other intellectual property that you claim has been infringed, or if multiple copyrighted works or other intellectual property on the Service are covered by the notice, a representative list of such works.
- Identification of the material that you claim is infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Veta Health to locate the material.
- Information reasonably sufficient to permit Veta Health to contact you, such as your name, address, telephone number and email address.
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law. For example, “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (i.e., as a fair use).”
- A statement by you that the notification is accurate, and under penalty of perjury, that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf. For example, “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Last updated: February 12, 2020