Last Updated: August 9, 2023
Please read these Terms of Service ("Terms", "Terms of Use") carefully. These Terms govern your use of our website, products, and services, including our mobile applications (collectively, our “Services”).
Your access to and use of our Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. Do not use our Services if you do not agree to these Terms. If you do not agree with these Terms, we do not permit you to use our Services. If at any time the Terms are no longer acceptable to you, your sole remedy shall be to immediately cease all use of the Services.
You acknowledge and agree that Kismet Health, Inc. (“Kismet, “us,” “our,” or “we”) is not a healthcare provider, and does not provide you with any medical advice. Kismet’s platform is built to help you connect with a Provider or other support. If you connect with a licensed clinical provider, your licensed clinical provider is solely responsible for providing you with medical care. In such cases, Kismet acts primarily as a technology platform for you to connect with professional healthcare providers who may be available to provide you with non-emergency care. We do not control or interfere with any licensed clinical providers’ practice of medicine: each provider is responsible for the decisions and services they provide.
Any content or other materials displayed or provided through the Service are intended for general informational purposes and are not intended to be relied upon nor are a substitute for professional medical advice. Though Kismet provides this information to be helpful, it does not constitute a medical diagnosis nor opinion about what treatment is appropriate for you. Moreover, these tools may not be administered by a member of a regulated health profession in your jurisdiction. You are ultimately responsible for determining whether our Services are the right choice for you.
OUR SERVICES ARE NOT A SUBSTITUTE FOR MEDICAL ADVICE OR TREATMENT. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, SEEK EMERGENCY MEDICAL HELP. In some cases, our Services may not be the best way for you to seek care and treatment.
When you create an account with Kismet Health, you must provide accurate, complete, and up-to-date information. You are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account. You agree to notify Kismet Health immediately upon becoming aware of any unauthorized use of your account or any other breach of security.
Children under the age of 18 are not eligible at this time to register directly for an account. If your child directly uses your Kismet account, either with or without your permission, we may collect information directly from the child. If you prefer for your child to not directly interact with Kismet online, please do not provide account credentials to your child. Please note certain state patient privacy laws may permit a child to directly obtain certain types of health care services independent of their parent or guardian. For registration, children cannot directly register for the Service. During the user registration process, the parent or guardian can create a children’s account by providing certain information about the child, including name, birth date, address, and login credentials.
Providers (the “Provider”) using the Service must agree to comply with all applicable laws, rules, and regulations. The Provider’s relationships with users (inclusive of patients and clients) are directly between the Provider and the patient. Kismet Health, Inc. does not have any direct relationship with the patient, and all agreements, consents, notices, communications, billings, and collections with the patient are at the sole discretion and responsibility of the Provider. As the sole owner of the patient relationship, Provider releases Kismet Health, Inc. of any potential claims against Kismet Health, Inc. as a result of the Provider’s use of the Service.
You are responsible for maintaining the confidentiality of your Account login credentials, and you are fully responsible for all activities that occur under your Account. You hereby agree not to disclose your password to anyone. Kismet has no obligation to inquire as to the authority or propriety of any use of or action taken under your Account and will not be liable for any loss or damage arising from any such use or action, or from your failure to comply with this section. You agree to (a) ensure that you exit from your Account at the end of each session on our Services and (b) immediately notify us if you become aware of any unauthorized use of your Account or any other breach of security relating to our Services. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or personal information. If you share your computer with others, you may wish to consider disabling your browser’s auto-sign-in features. We reserve the right to take action we deem necessary to preserve the security of our Services and your Account, to the extent permitted by applicable law.
We make opinions, advice, statements, offers, and other information available through our Services. Any such information made available through our Services, but not authored by us, belongs to its respective authors, and should not necessarily be relied upon. To the extent permitted by applicable law, we do not (i) guarantee the accuracy, completeness, or usefulness of any information on our Services, or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any third party that appears on our Services. To the extent permitted by applicable law, under no circumstances will we or our affiliates be responsible for any loss or damage resulting from your reliance on information or such content posted on our Services or transmitted to or by other users of our Services.
Anything you post, upload, share, transmit, store, or otherwise provide through our Services are your “User Submission.” You are solely responsible for the User Submissions that you publish, transmit or display (hereinafter, “post”) on or via our Services. You will not provide inaccurate, misleading or false information to us or to any other user. If information provided to us, or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of the change. You understand and agree that we may review and delete any Content that would violate this Agreement or which we determine in our sole discretion might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other users or parties. For all User Submissions, you hereby grant us a license to translate, edit, modify (exclusively for strictly technical purposes, for example making sure your content is viewable on mobile devices as well as computers) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate our Services. By posting User Submissions in connection with our Services, you automatically grant, and you represent and warrant that you have the right to grant, to us, our affiliates, licensees and successors, an irrevocable, non-exclusive, free of charge, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such User Submissions, and to prepare derivative works of, or incorporate into other works, such User Submissions, and to grant and authorize sublicenses of the foregoing, for the maximum duration of the intellectual property rights attached to these User Submissions. Your use of our Services must be in accordance with any and all applicable laws and regulations. You further represent and warrant that public posting and use of your User Submissions by us will not infringe or violate the rights of any third party.
Use of our Services requires that you comply with acceptable use rules as set forth in these Terms or as posted in our Services. As part of your responsibilities, you agree that you will not, and will not attempt to:
7. Noncommercial Use OnlyWe offer our Services for your own internal, personal, non-commercial use. Organizations, companies, and/or businesses may not create Accounts and should not use our Services for any purpose.You agree that you will not, and will not attempt to:
Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, nontransferable right to use our Services on the computers and mobile device(s) that you own or control, solely for your personal non-commercial use in your country of residence for the duration of these Terms.
8. Intellectual PropertyThe materials displayed or performed or available on or through our Services, including but not limited to text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined above), and other content (all of the foregoing, the “Content”) are protected by copyright and/or intellectual property laws. We will solely and exclusively own any copy, modification, revision, enhancement, adaptation, translation, or derivative work of or created from our Services. As between you and us, we own any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights relating to our Services. Except for that information which is in the public domain, meaning such information exists in a location other than on our website behind registration, you may not copy, modify, publish, transmit, distribute, or sell any of our proprietary information without express written permission. Certain names, logos, and other materials displayed in our Services may constitute trademarks, trade names, Services marks or logos (“Marks”) of ours or our licensors. You are not authorized to use these Marks. Ownership of all Marks and the goodwill associated with them belongs to us or our licensors.9. Third-Party ContentOur Services may provide, Providers may provide, or third parties may provide, links to third party websites or resources that are not owned or controlled by Kismet. Because we have no control over such sites and resources, we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources, nor does the deletion of your account impact any accounts you may have with external sites or resources. We 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 upon, any such content, goods or services available on or through any such site or resource.10. TerminationWe may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms11. DisclaimerNOTHING IN THESE TERMS AFFECTS ANY STATUTORY RIGHTS THAT YOU ARE ENTITLED TO AS A CONSUMER AND THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER AND WAIVE. WE OFFER OUR SERVICES WITHOUT WARRANTY, CONDITION OR REPRESENTATION OF ANY KIND OTHER THAN THOSE IT IS REQUIRED TO OFFER UNDER THE APPLICABLE LAWS OF YOUR JURISDICTION.12. Limitation of LiabilityKismet won’t be liable for losses you incur, or that any third party incurs, due to your use of Kismet’s Services. In limited circumstances, Kismet may have a separate agreement with respect to liability with the employer-sponsor of Kismet’s Services. To the extent that this section conflicts with the terms of the agreement with the employer-sponsor, the terms of the agreement with the employer will apply.IN NO EVENT WILL KISMET BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF THIS AGREEMENT, OR THE USE OF, OR THE INABILITY TO USE, OUR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION MADE AVAILABLE THROUGH OUR SERVICES OR ANY SERVICES PERFORMED BY ANY HEALTHCARE PROVIDERS YOU CONNECT WITH VIA OUR SERVICES (INCLUDING CLAIMS OF MEDICAL MALPRACTICE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN THE MAXIMUM LIABILITY FOR ALL CLAIMS OF EVERY KIND WILL NOT EXCEED U.S. $100. THE FOREGOING LIMITATION OF LIABILITY WILL COVER, WITHOUT LIMITATION, ANY TECHNICAL MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA, AND ANY OTHER INJURY ARISING FROM THE USE OF OUR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.13. Governing LawThese Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Notwithstanding the foregoing, any arbitration conducted pursuant to these Terms of Use shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and Kismet agree that jurisdiction, proper venue, and the most convenient forums for all claims, actions, and proceedings of any kind relating to the Services or these Terms of Use that are not submitted to arbitration will be exclusively in the federal or state courts located in San Francisco, California. You agree that San Francisco, California is the proper forum for any appeals of an arbitration award or for trial court proceedings if the arbitration below is found to be unenforceable, as well as for any actions for injunctive or other equitable relief.14. ArbitrationRead this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Kismet. For any dispute with Kismet, you agree to first contact us at legal@kismethealth.com and attempt to resolve the dispute with us informally. In the unlikely event that Kismet has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms of Use, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in San Francisco, California, unless you and Kismet agree otherwise. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Kismet will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. This arbitration agreement does not preclude you or Kismet from seeking action by federal, state, or local government agencies. You and Kismet also have the right to bring qualifying claims in small claims court. In addition, you and Kismet retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms of Use, nor a waiver of the right to have disputes submitted to arbitration as provided in this Agreement. Nothing in this Section shall be deemed as preventing Kismet from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property or other proprietary rights.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR KISMET WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.15. Class Action Waiver; Jury Trial WaiverWith respect to all persons and entities, regardless of whether they have obtained or used the Services for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into these Terms of Use, you and Kismet are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.16. EnforceabilityIf any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms of Use. This Section will survive the termination of your relationship with Kismet.17. IndemnificationYou agree to indemnify and hold harmless Kismet, its parents, subsidiaries, affiliates, licensors, and suppliers, and the officers, directors, employees, consultants, and agents of each, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from your use of our Services, your violation of these Terms of Use, your breach of any of the representations and warranties set forth above, or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us. 18. Entire Agreement These Terms constitute the entire and final agreement between you and us and supersede any prior agreements between us concerning the matters addressed herein. The section titles in these Terms are for convenience only and have no legal or contractual effect. You may not transfer any of your rights under these Terms, unless we agree to this, otherwise any such attempt will be null and void. All words used in these Terms are to be construed to be of such gender or number as the circumstances require. The words “including,” “includes” or “include” are to be read as listing non-exclusive examples of the matters referred to, whether or not words such as “without limitation” or “but not limited to” are used in each instance. Any reference to our “Services” in these Terms shall also apply to any component of our Services. Our failure to enforce any provision of these Terms immediately against you will not prevent us from being able to enforce any provision at a later date. If any provision is found to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You have no authority to act on behalf of us or bind us to any legal obligations outside of these Terms in any way. These Terms are between you and us and nobody else can enforce them.19. ChangesKismet reserves the right, at our sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time. You agree to review these Terms of Use periodically for changes. When we make minor changes to the Terms of Use we will update the ‘last modified’ date at the top of this page. When we make changes to the Terms of Use in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to these Terms of Use. If any such revision is unacceptable to you, you must cease to use the Service, and your only remedy is to terminate your User Account by providing Company written notice of termination within thirty (30) days of such change. By continuing to use the Services, you agree to any changes to these Terms of Use.20. Contact UsIf you have any questions about these Terms, please contact us at support@kismethealth.com. By accessing or using the Service, you agree to be bound by these Terms of Service. If you do not agree to these terms and conditions, you may not access or use the Service.