USING THE SERVICES
You are welcome to use the Website to book appointments, classes, sessions, and make purchases, directly from service providers who are subscribers of the Service (each, a “Provider”). Also, the Service allows you to post and view reviews of Providers and also non-Providers that are simply listed on the Website.
To use the Services, and depending on Heallist’s policies then in effect, you may either be able to use the Website on a ‘guest’ basis, or you may need to create an account (“Account”) which will require you to upload and update your information on the Website. You agree to immediately notify Heallist at support@Heallist.com following any unauthorized use, access or other compromise of your Account. Heallist reserves the right to disable any Account, or access by any visitor or user, upon its reasonable belief that security in respect to such use has been or likely will be compromised.
Heallist may provide, using Heallist’s own technology or a third-party provider technology, services that will enable users to access encounters with Providers via telecommunication technology (“Telecommunication Encounters”), such as interactive, audiovisual communications. Heallist’s Telecommunication Encounters services shall be limited to marketing and scheduling such Telecommunication Encounters, and under no circumstances shall Heallist be deemed to be the provider of such Telecommunication Encounters.
You represent and warrant that if you participate in any Telecommunication Encounters, you will deemed to have consented to engage in, and have wellness services delivered to you via, such Telecommunication Encounter, and also that you have availed yourself reasonable accommodations and procedures that will be operational in the event you may require emergency wellness services during a Telecommunication Encounter.
You agree and acknowledge that:
• unless you are a wellness services provider and have entered into a Practitioner Services Agreement with Heallist, the Service is for personal use only. You will not use the Service for any commercial purpose.
• you are solely responsible for all activities that occur through your Account or other use of the Service.
• if you have an account on the Website, you will monitor that Account, change your password periodically, not provide your username or password to anyone else, not allow any other person or entity to access or use your Account, and notify Heallist immediately of any unauthorized use of your Account or breach of your password security by sending an email to firstname.lastname@example.org.
• you will comply with all applicable laws in your jurisdiction.
• your use of the Service may involve the transmission of private information, including potentially personal health information, via unsecure means (for example, email).
• You will:
o NOT use the Services in any illegal or unauthorized manner.
o NOT abuse, harass, threaten, harm, or impersonate other Heallist users, or Heallist employees, at any time, for any reason.
o NOT use the Service to post fraudulent, inaccurate, or misleading reviews.
o NOT upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; in violation of copyright law or trademark law or any other law protecting intellectual property in any jurisdiction; or in a manner that violates the publicity or privacy rights of any person or entity.
o NOT upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, ‘affiliate links’, or any other form of solicitation.
o NOT transmit any worms or viruses or any code of a destructive nature.
For services that you order, schedule, subscribe to, or otherwise use or benefit from through the Website that carry a fee, you agree to pay the applicable fee to the Provider. If you elect to pay by credit card and the Provider does not receive payment from the credit card issuer, you agree to pay all amounts due to the Provider directly. In no way shall Heallist be liable for any fee, refund, or monetary issue arising between you and a Provider, another user, client, customer, practitioner, or any other person and/or entity.
Our App provides users with a variety of features, including a trial period during which users can access premium features at no cost. After the trial period, users may choose to subscribe to continue using the premium features for a monthly fee.
To access and enjoy premium features beyond the trial period, users are required to pay a monthly subscription fee. The fee amount, payment frequency, and billing cycle details are outlined on the user's billing page within the app.
Users will be billed automatically on a monthly basis for the subscription fee. We accept credit cards only. By providing credit card, billing, and payment information, users authorize the app to charge the designated payment method for the applicable fees. Billing may be processed by or through a third party (such as, for example, ‘Stripe Checkout’) as shall be chosen by us from time to time.
Users may cancel their subscription at any time through the app's billing page or by contacting Heallist customer support at email@example.com. Please allow a reasonable processing time for the termination to take effect. Users are responsible for any outstanding charges incurred up to the termination date. Upon cancellation, users will continue to have access to the subscribed services until the end of the current billing cycle, and the premium features will be accessible until the end of the current billing cycle, after which the user will revert to the free version of the app. Users are responsible for canceling their subscription before the next billing cycle to avoid additional charges.
Our App reserves the right to change the subscription fees or introduce new fees at any time. Users will be notified of such changes in advance, and continued use of the premium features after the notice period constitutes acceptance of the new fees. We also reserve the right to terminate or suspend a user's access to premium features of the app for any violation of these Terms of Service or any other reason.
Termination of a subscription or account does not entitle users to a refund of any fees paid, including any unused portion of subscription fees.
The Service may contain links to other websites (“Third Party Sites”). Third Party Sites are provided solely as a convenience to our users and visitors. Such Third Party Sites are not under Heallist’s control, and Heallist is not responsible for and does not necessarily endorse the content or practices of such Third Party Sites, including also any information or materials contained on such Third Party Sites. You will need to make your own independent judgment regarding your interaction with Third Party Sites.
The Heallist app offers seamless integration with Zoom to enhance user experience and facilitate efficient communications. By connecting your Zoom account with our app, you acknowledge and agree to the following:
Upon Connection. Users retain control over their Zoom Account. Our app may create Zoom meetings for appointments scheduled through our platform and may also access and retrieve information from your Zoom Account. This functionality is designed to streamline the scheduling process and enhance user experience. Users will be able to access their Zoom meetings directly from their Zoom app as well as from our app and can manage their settings directly within the Zoom platform. Any changes made within the Zoom platform will be reflected in our App, and vice versa. This dual access ensures flexibility and convenience for our users, allowing them to manage and join their appointments seamlessly.
Account Disconnect. You retain the right to disconnect your Zoom account from our app at any time. This disconnection can be managed through the account settings on our platform. By disconnecting Zoom on our app, you are discontinuing the integration between our platform and Zoom, and thereby revoking our platform's access to your Zoom data.
You must be 18 years of age or older to use the Service. If the age of majority in your State is higher than 18 years, you must have attained the age of majority in your State, or have the consent of your parent or guardian, to use the Service. In accordance with Federal Children’s Online Privacy Protection Act of 1998 (COPPA), Heallist will never knowingly solicit, nor will it accept, personally identifiable information from users known to be under thirteen (13) years of age.
GUIDELINES FOR REVIEWS
If you wish to review Providers or other Heallist subscribers, you agree that:
• your review will be objective, useful, and informative for a reader to reasonably understand your experience;
• your review will be formed as information relevant to a recommendation; for example, how the experience met your expectations; or if you would recommend a certain Provider.
• your review will use short sentences that describe the highlights of your experience;, we recommend a review is kept in the general range of 30 to 120 words.
As part of our commitment to providing a seamless and secure user experience, we may need to conduct periodic maintenance on our systems and infrastructure. This maintenance is essential for the continued functionality, security, and improvement of our services.
Maintenance windows refer to specific periods during which we may temporarily suspend or limit access to our services to perform necessary maintenance activities. These activities may include, but are not limited to, software updates, hardware upgrades, security patches, and system optimizations.
We strive to keep maintenance windows to a minimum and schedule them during off-peak hours to minimize disruption to our users. These maintenance windows may occur regularly, typically once a month. Whenever possible, we will notify users in advance of any scheduled maintenance via email, in-app notifications, or via other communication methods. The notice will usually include the date, time, and expected duration of the maintenance window. In cases of emergency maintenance, where immediate action is required to address critical issues, we may not be able to provide advance notice.
While we strive to maintain a high level of service availability, there may be instances where uptime is impacted during scheduled maintenance windows. We cannot guarantee uninterrupted access during these periods, and users acknowledge and accept this potential temporary disruption.
In the event of scheduled maintenance, we will implement measures to minimize downtime and mitigate the impact on users to the best of our ability.
Users are responsible for ensuring their systems and devices comply with any required updates or changes made during maintenance windows to maintain compatibility with our services.
We encourage users to provide feedback on any issues experienced during or after maintenance windows. Our support team is available to assist with any questions or concerns related to the impact of maintenance activities.
DISCLAIMER OF WARRANTIES
LIMITATION OF LIABLITY
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, THE HEALLIST PARTIES’ LIABILITY WILL BE LIMITED ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
DISCLAIMER REGARDING HIPAA COMPLIANCE
If and to the extent you are covered entity under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and need your business associates to comply with HIPAA, Heallist hereby notifies you that Heallist’s operations are not compliant with HIPAA. Heallist’s operations may generally be exempt from HIPAA pursuant to the conduit exception; however, if and to the extent the Services provided to you would not qualify for the conduit exception, Heallist’s operations with respect to the Service are not HIPAA compliant. You understand and agree that Heallist will not execute a business associate agreement under HIPAA.
SEVERABILITY; WAIVER; ASSIGNMENT; NOTICES
Legalinc Corporate Services Inc.
651 N Broad St., Suite 201
Middletown DE 19709
UPDATED 17 NOVEMBER 2023