TERMS OF SERVICE

Welcome to 75Health! We're thrilled to have you join our community. Our website is designed to empower you with easy access to manage and review medical data securely. Before you start, it's important to go through these Terms of Service ("Terms") which will guide your use of our services. We're committed to making your experience both productive and enjoyable!

For any further assistance please contact us at support@75health.com.

Agreement to Terms

By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our services

Services Provided

75Health provides a subscription-based service that allows users to access and manage medical data over the Internet on various supported devices including computers and mobile devices.

Privacy & Data Protection

We are dedicated to protecting the privacy and security of your personal and health information. We adhere to all applicable laws and regulations concerning data protection. Please refer to our Privacy Policy for detailed information on how we handle your data.

Use of Services

75Health reserves the right to modify or discontinue any of its services at its sole discretion without prior notice. Furthermore, services may be made available either directly by 75Health or through integration with a third-party affiliate.

Intellectual Property

All content available through 75health.com, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and platform, as well as the compilation thereof (collectively, "Content"), and all intellectual property rights related to such Content are the exclusive property of 75Health or its content suppliers. This Content also includes trademarks, service marks, product names, and product data structures that are registered or unregistered marks of 75Health. These marks may not be used in connection with any product or service that is not 75Health's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits 75Health.

• Copyright Protection: All content on 75health.com is protected by copyright laws and treaty provisions. This content is licensed, not sold, to you. You are permitted to use the site content only as expressly authorized by 75Health or the copyright owner. Unauthorized reproduction, modification, distribution, transmission, display, or performance of the site content is strictly prohibited.
• Trademark Information: The trademarks, logos, and service marks displayed on the site are registered and unregistered Trademarks of 75Health and others. Nothing contained on 75health.com should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without the express written permission of 75Health or the trademark owner.
• User Contributions: Users may submit content to the site where applicable. By doing so, you grant 75Health a non-exclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
• Enforcement of Intellectual Property Rights: 75Health actively enforces its intellectual property rights to the fullest extent of the law. 75Health may, at its discretion, involve and cooperate with law enforcement authorities in prosecuting users who violate these intellectual property laws.

Warranties & Disclaimers

You acknowledge that 75Health does not guarantee or warrant that files available for download from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing adequate procedures and checkpoints to meet your specific needs for anti-virus protection and data accuracy, and for maintaining external means for the reconstruction of any lost data. 75Health will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Services or any items obtained through the Services, or to your downloading of any material posted on it, or on any website linked to it.

75Health will not be liable for any damages of any kind arising from the use of the Services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

75Health expressly disclaims any responsibility for the accuracy, content, availability of information, products, services, privacy, or security practices of third-party sites that link to or from the Services. 75Health cannot be held responsible for the material contained on third-party sites.

Your use of the Services, its content, and any items obtained through the Services is at your own risk. The Services are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. Neither 75Health nor any person associated with 75Health makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Services. Without limiting the foregoing, neither 75Health nor anyone associated with 75Health represents or warrants that the Services, their content, or any items obtained through the Services will be accurate, reliable, error-free, or uninterrupted; that defects will be corrected; that our site or the server that makes it available are free of viruses or other harmful components; or that the Services or any items obtained through the Services will otherwise meet your needs or expectations.

75Health hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Limitation of Liability

Under no circumstances shall 75Health, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be held liable for any damages of any kind, arising under any legal theory, related to or resulting from your use, or inability to use, the Services, any websites linked to them, any content on the Services, or any items obtained through the Services. This includes, but is not limited to, direct, indirect, special, incidental, consequential, or punitive damages, such as personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable

The aforementioned limitations do not affect any liabilities that cannot be excluded or limited under applicable law.

Links to Third-Party Websites

Our services may contain links to third-party websites or resources. These links are provided for your convenience only. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that 75Health shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or resources.

Third-Party Integrations and Marketplace

The 75Health Marketplace is a comprehensive directory of products and services that are integrated with 75Health Services. Clients can explore, find, or request information for integrated products and services offered by independent third-party providers. Although 75Health facilitates the integration of these third-party products and services, it does not control or assume responsibility for any third-party product or service featured in the Marketplace. Interactions with any organizations or individuals on the Marketplace are at your own risk, and 75Health is not liable for those interactions. Separate agreements will be required with third parties for the integrated products and services, and your dealings will be directly with such organizations or individuals. Utilizing any third-party product or service does not impact your relationship with 75Health. Further consent or authorization will be necessary before 75Health sends any personal, employer, or patient information or data to any third party with whom you engage.

Governing Law

Disputes arising under these Terms will be governed by the laws of the jurisdiction in which 75Health is established.

Indemnification

You agree to defend, indemnify and hold harmless athenahealth, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, any use of the Services’ content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Services.

Subscription Terms

Subscriptions are billed in advance on a recurring basis and will automatically renew at the end of each billing cycle unless canceled by you. You may cancel your subscription at any time; however, no refunds are provided for cancellations, and you will retain access to the service until the end of the current billing period. We reserve the right to modify our subscription fees or services at any time and will provide reasonable advance notice of any such changes. If a payment is declined, access to the app will be blocked. All fees are inclusive of applicable taxes. Changes to this agreement, including fee changes and service modifications, will be communicated in advance, and you will have the option to cancel the subscription if you do not accept the changes.

Prohibited Uses

• In violation of any applicable federal, state, local, or international law or regulation, including, but not limited to, regulations on the export of data or platform.
• To exploit, harm, or attempt to exploit or harm minors in any way, including, but not limited to, exposing them to inappropriate content, soliciting personally identifiable information, or any other form of exploitation.
• To impersonate the Company, any of its employees, another user, or any person or entity, including through the unauthorized use of email addresses.
• In a manner that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by the Company, may harm the Company or users of the Services or expose them to liability.
• In any way that could disable, overburden, damage, or impair the operation of the Services or interfere with any other party's use, including their ability to engage in real-time activities.
• To employ any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
• To use any manual process to monitor or copy any material on the Services or for any unauthorized purpose without prior written consent from the Company.
• To introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the servers on which they are stored, or any server, computer, or database connected to the Services.
• To engage in any attack, including a denial-of-service attack or a distributed denial-of-service attack, against the Services.
• Otherwise attempt to interfere with the proper working of the Services.

Statute of Limitations for Filing Claims

Notwithstanding any other provision of these terms and conditions, any legal claim or action initiated by you, arising from or related to these terms and conditions, the services provided, or the content therein, must be filed within 90 days from the date on which such claim or cause of action arose. Failure to initiate a claim within this period will result in the permanent forfeiture of the right to bring such claim.

Cooperation with Law Enforcement

The Company reserves the right to cooperate fully with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or other information of anyone posting any materials on or through the Services. By using the Services, you waive and hold harmless the Company and its affiliates, licensees, and service providers from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.

No Waiver and Severability

No waiver of liability by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

User Content

Upon submitting content to 75Health, you hereby grant us a perpetual, worldwide, royalty-free license to use, modify, and distribute the content you provide. In compliance with HIPAA and other data security laws the data is de-identified to remove all personally identifiable information, ensuring user privacy is maintained in accordance with our Privacy Policy. Additionally, you retain sole responsibility for the content you submit and must bear any consequences that arise from its submission.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and 75Health regarding your use of the services and supersede all prior and contemporaneous written or oral agreements between you and 75Health.

Account Termination

You may terminate your account with 75Health at any time by following the instructions on our website. Upon termination, your account will be deactivated, and you will no longer have access to the services. 75Health also reserves the right to terminate your account or suspend your access to the services at any time, with or without notice, for any reason, including breach of these Terms. Provisions of these Terms that, by their nature, should continue after termination will remain in effect after account termination.

Changes to Terms

75Health reserves the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our site. Your continued use of our services after any changes indicates your acceptance of the new Terms.

Miscellaneous

• Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without 75Health’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. 75Health may assign or transfer these Terms, at its sole discretion, without restriction.


• Force Majeure: 75Health shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond 75Health’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.


• Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.