Terms & Conditions
Use of the Site.
Trustr(“we”, “us”, or “our”) operates the website located at
Trustr.ai and other related websites and mobile applications
with links to these Terms of Use (collectively, the “Site”). We
offer online telehealth services (the “Services”) enabling our
members (“Members”) to report their health history and engage
healthcare professionals (“Healthcare Professionals”) to obtain
medical and healthcare services (“Healthcare Services”). By
accessing and using the Site, you agree to be bound by these
Terms of Use and all other terms and policies that appear on the
Site. If you do not wish to be bound by any of these Terms of
Use, you may not use the Site or the Services.
These Terms of Use apply to your use of the Site and Services as
a Healthcare Professional. If you are a member, please see the
Member Terms of Use, which applies to your use of the Site and
Services as a Member.
Healthcare Services
Trustr does not practice medicine or any other licensed
profession and does not interfere with the practice of medicine
or any other licensed profession by Healthcare Professionals,
each of whom is responsible for his or her services and
compliance with the requirements applicable to his or her
profession and license. Neither Trustr 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 provide via the
Services. You represent and warrant that you have adequate
liability insurance to cover any liability that may arise from
your or your staff’s practice while using the Services.
Privacy
Trustr is required to comply with federal healthcare privacy and
security laws and maintain safeguards to protect the security of
personal information that it processes. Additionally, you agree
to maintain the confidentiality, in compliance with applicable
law, of the information you receive from Members through the
Site or Services. Such information is generally considered
confidential, except for certain legal exceptions as more fully
described in our Privacy Policy You agree to use health and
other personal information of Members in accordance with all
applicable laws.
Authorized User Accounts.
When you register on the Site, you are required to create an
account (“Account”) by entering your name, email address, phone
number, password and certain other information collected by
Trustr (collectively “Account Information”). To create an
Account, you must be of legal age to form a binding contract. If
you are not of legal age to form a binding contract, you may not
register for an Account. You agree that the Account Information
that you always provide to us, including during registration and
in any information, you upload to the Site, will be true,
accurate, current, and complete. You may not transfer or share
your Account password with anyone or create more than one
Account. You are responsible for maintaining the confidentiality
of your Account password and for all activities that occur under
your Account. In no event and under no circumstances shall
Trustr be held liable to you for any liabilities or damages
resulting from or arising out of your or your staff’s use of the
Site, your use of the Account Information or your release of the
Account Information to a third party. You may not use anyone
else's Account at any time. Trustr reserves the right to take
all action, as it deems necessary or reasonable, regarding the
security of the Site and your Account Information.
Exclusive Use of the Services.
To the extent permitted by applicable law, during the term of
these Terms of Use or while your Account is active, whichever
period is shorter, you agree to not use any other online
telehealth service. You acknowledge and agree that the
restrictions in this Clause are reasonable under the
circumstances and necessary to protect the goodwill of our
business, and that monetary damages may not be a sufficient
remedy for a breach of this Clause and that we may seek and are
entitled to remedies such as injunctive relief and specific
performance.
Access Rights.
We hereby grant to you a limited, non-exclusive, nontransferable
right to access the Site and use the Services solely for your
personal non-commercial use and only as permitted under these
Terms of Use and any separate agreements you may have entered
with us (“Access Rights”). We reserve the right, in our sole
discretion, to deny or suspend use of the Site or Services to
anyone for any reason. You agree that you will not, and will not
attempt to: (a) impersonate any person or entity, or otherwise
misrepresent your affiliation with a person or entity; (b) use
the Site or Services to violate any local, state, national or
international law; (c) reverse engineer, disassemble, decompile,
or translate any software or other components of the Site or
Services; (d) distribute viruses or other harmful computer code
through the Site; or (e) otherwise use the Services or Site in
any manner that exceeds the scope of use granted above. We
strongly recommend that you do not use the Services on public
computers. We also recommend that you do not store your Account
password through your web browser or other software.
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Restrictions on Submitted Content
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You agree that you will not use the Site or Services to send,
post, or publish:
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Any content that is obscene, defamatory, threatening,
harassing, abusive, slanderous, racially, or ethnically
offensive, hateful, or embarrassing to any other person or
entity;
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Any message, data, code, or software that would violate our,
or any third party, proprietary, or intellectual property
rights, including unauthorized copyright text, images,
programs, trade secrets, or other confidential proprietary
information, or use trademarks or service marks in an
infringing fashion;
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Any personal information of a third party, or images that
include a third party or depict a third party’s likeness,
without the third party’s express, written consent;
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Any advertisements or solicitations of business, chain
letters, pyramid schemes, or bulk e-mail lists or upload;
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Any materials that violate, could cause us or a third party to
violate, or encourage us or a third party to violate any
applicable law, statute, ordinance, or regulation; or
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Any content or communications intended to impersonate someone
else.
Any content you submit is your sole responsibility. Under no
circumstances will we be liable in any way for such content or
for any loss or damage of any kind incurred because of the use
of any of such content. We further reserve the right to monitor,
delete or modify any submitted content that it deems offensive,
inappropriate, advertising, illegal, off-topic or otherwise
violates this Agreement.
We may suspend or terminate, in whole or in part, your access to
the Site or Services if you violate the terms and conditions set
forth in this Section.
Fees and Payment Terms.
You agree to pay all fees or charges to your Account in
accordance with the fees, charges, and billing terms in effect
at the time a fee or charge is due and payable except as
otherwise specified herein, (i) fees are tiered and based on
usage of the platform, (ii) payment obligations are non-
cancelable and fees paid are non-refundable, and (iii) platform
usage cannot be decreased during the relevant term.
You will provide us with valid and updated credit card
information, or with a valid purchase order or alternative
document reasonably acceptable to us. By providing Trustr with
your credit card number or PayPal account and associated payment
information, you agree that Trustr is authorized to invoice your
account for all fees and charges due and payable to Trustr based
on the usage of then platform and that no additional notice or
consent is required. Unless otherwise stated, invoiced charges
are due net 30 days from the invoice date. We shall charge your
payment card on file within 30 days of using the Services. If
the credit card payment method gets rejected or should we not
have one on file, we may charge you any associated processing
fees in addition to the amount owed. You are responsible for
providing complete and accurate billing and contact information
to us and notifying us of any changes to such information.
Overdue Charges
If any invoiced amount is not received by us by the due date,
then without limiting our rights or remedies, (a) those charges
may accrue late interest at the rate of 1.5% of the outstanding
balance per month, or the maximum rate permitted by law,
whichever is lower, and/or (b) we may condition future usage on
payment terms shorter than those specified above.
Taxes
Our fees do not include any taxes, levies, duties or similar
governmental assessments of any nature, including, for example,
value-added, sales, use or withholding taxes, assessable by any
jurisdiction whatsoever (collectively, “Taxes”). You are
responsible for paying all taxes associated with your purchases
hereunder. If we have the legal obligation to pay or collect
Taxes for which you are responsible, we will invoice you and you
will pay that amount unless you provide us with a valid tax
exemption certificate authorized by the appropriate taxing
authority. For clarity, we are solely responsible for taxes
assessable against us based on our income, property, and
employees.
Future Functionality
You agree that your purchases are not contingent on the delivery
of any future functionality or features, or dependent on any
oral or written public comments made by us regarding future
functionality or features.
Free Trial Period
Trustr may, in its sole discretion, offer, during the
registration process, a one-time free trial period during which
you can try out platform for 30 days from the date you register
without paying any fees ("Free Trial Period").
If you participate in a Free Trial Period, you must stop using
the platform by the end of the Free Trial Period to avoid
incurring any charges. If you do not cancel or stop using the
platform before the Free Trial Period expires, you authorize us
to charge your credit card the full cost of your Plan, as
described on our webpage Trustr.ai Plan will then automatically
renew and continue month-to-month on a pay-as-you-go basis,
unless and until you stop using Services or we terminate it. You
may not receive a notice from Trustr that your Free Trial Period
is about to end or has ended.
You may terminate your participation at any time during the Free
Trial Period. Upon terminating your account, you will
immediately lose all access to the platform and any data or
information stored within your account.
Trustr reserves the right to modify, cancel and/or limit the
Free Trial Period offer at any time.
Website Links, Third-Party Products
WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS
FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF
INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE OR
LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR
THEIR RESPECTIVE OPERATORS.
WE WILL ALSO NOT BE LIABLE FOR THE OPERATION OR EFFECTIVENESS OF
ANY THIRD-PARTY PRODUCT, INCLUDING ANY MEDICAL DEVICES, EVEN IF
WE PROVIDE A LINK TO A WEBSITE THAT SELLS SUCH PRODUCTS.
Ownership
The Site and its entire contents, features, and functionality
(including but not limited to all information, software, text,
displays, images, video and audio, and the design, selection and
arrangement thereof), are owned by Trustr, its licensors or
other providers of such material and are protected by United
States and international copyright, trademark, patent, trade
secret and other intellectual property or proprietary rights
laws. These Terms of Use permit you to use the Site for your
personal, non-commercial use only. You must not reproduce,
distribute, modify, create derivative works of, publicly
display, publicly perform, republish, download, store or
transmit any of the material on our Site except as generally and
ordinarily permitted through the Site according to these Terms
of Use. You must not access or use for any commercial purposes
any part of the Site or any services or materials available
through the Site. You do not acquire any right, title, or
interest in the Site except as expressly provided in these Terms
of Use.
Trademarks
Certain of the names, logos, and other materials displayed on
the Site or in the Services may constitute trademarks, trade
names, service marks or logos ("Marks") of Trustr or other
entities. You are not authorized to use any such Marks without
the express written permission of Trustr. Ownership of all such
Marks and the goodwill associated therewith remains with us or
those other entities.
Termination
You may deactivate your Account and end your registration at any
time, for any reason by deactivating your Account through the
Services’ interface or sending an email to hello@trustr.ai.
Trustr may suspend or terminate your use of the Site, your
Account and/or registration for any reason at any time. Subject
to applicable law, Trustr reserves the right to maintain, delete
or destroy all communications and materials posted or uploaded
to the Site pursuant to its internal record retention and/or
content destruction policies. After such termination, Trustr
will have no further obligation to provide the Services.
Right to Modify
We may at our sole discretion change, add, or delete portions of
these Terms of Use at any time on a going-forward basis.
Continued use of the Site and/or Services following notice of
any such changes will indicate your acknowledgement of such
changes and agreement to be bound by the revised Terms of Use,
inclusive of such changes.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SITE OR SERVICES IS AT YOUR
SOLE RISK. BOTH THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. Trustr EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE,
OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA
AND SYSTEM INTEGRATION.
WE DO NOT WARRANT OR MAKE ANY PROMISES REGARDING THE
CORRECTNESS, USEFULNESS, ACCURACY, AVAILABILITY, OR RELIABILITY
OF (I) YOUR USE OR THE RESULTS OF YOUR USE OF THE SERVICES; (II)
ANY ADVICE YOU GLEAN FROM THE SERVICES WHETHER PROVIDED BY US OR
A THIRD PARTY; OR (III) ANY OTHER CONTENT AVAILABLE THROUGH THE
SERVICES (INCLUDING WITHOUT LIMITATION THE ACCURACY OF ANY
TRANSCRIPTS). WE DO NOT PROMISE THAT THE SERVICES WILL BE
UNINTERRUPTED OR WILL BE ERROR-FREE, OR THAT ANY DEFECTS WILL BE
CORRECTED. WE WILL HAVE NO RESPONSIBILITY FOR THE TIMELINESS,
DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATION OR
CONTENT. NO ADDITIONAL STATEMENTS OUTSIDE THE TERMS OF THIS
AGREEMENT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING
CAPACITY, SUITABILITY FOR USE OR PERFORMANCE, WHETHER MADE BY
OUR EMPLOYEES OR OTHERWISE, IS A WARRANTY OR PROMISE BY US AND
WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH STATEMENTS.
LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE
LAW, IN NO EVENT WILL Trustr OR ITS OFFICERS, EMPLOYEES,
DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR
LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE
OF THE SITE, PLATFORM, OR THIRD PARTY MEDICAL DEVICES,
REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT
(INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE
OR OTHERWISE.
Indemnification.
You agree to indemnify, defend, and hold harmless Trustr, its
officers, directors, employees, agents, subsidiaries,
affiliates, licensors, and suppliers, harmless from and against
any claim, actions, demands, liabilities, and settlements,
including without limitation reasonable legal and accounting
fees (“Claims”), resulting from, or alleged to result from, your
violation of these Terms of Use, or your provision of Healthcare
Services.
Geographical Restrictions
Trustr makes no representation that all products, services
and/or material described on the Site, or the Services available
through the Site, are appropriate or available for use in
locations outside the United States or all territories within
the United States.
Licensure; Professional Obligations
As a Health Professional using the Services, you represent and
warrant that you hold professional licenses issued by the
professional licensing boards in the states where you practice
and advanced degrees in either medicine or psychology and have
undergone postgraduate training. You agree to maintain all
mandatory licenses and to notify us if your licensure status
changes, and to comply with all legal obligations.
Miscellaneous
These Terms of Use and your use of the Site shall be governed by
the laws of the State of Delaware, without giving effect to the
principles of conflict of laws. Any dispute arising under or
relating in any way to these Terms of Use will be resolved
exclusively by final and binding arbitration in Delaware,
California under the rules of the American Arbitration
Association, except that either party may bring a claim related
to intellectual property rights or seek temporary and
preliminary specific performance and injunctive relief, in any
court of competent jurisdiction, without the posting of bond or
other security. The parties agree to the personal and subject
matter jurisdiction and venue of the courts located in Delaware,
for any action related to these Terms of Use.
Part or all any provision of these Terms of Use that is illegal
or unenforceable will be severed from these Terms of Use and
will not affect the continued operation of the remaining
provisions of these Terms of Use. If any portion of the Clause,
“Exclusive Use of the Services” of these Terms of Use is held by
any court to be in any respect unreasonable, then the court so
holding may enforce such reasonable restriction as the court
deems necessary to protect the rights and interests of Trustr
under the circumstances.
You understand that by checking the “agree” box for these Terms
of Use and/or any other forms presented to you on the Site you
are agreeing to these Terms of Use and that such action
constitutes a legal signature. You agree that we may send to you
any privacy or other notices, disclosures, or communications
regarding the Services (collectively, "Communications") through
electronic means including but not limited to: (1) by e-mail,
using the address that you provided to us during registration,
(2) short messaging service (“SMS”) text message to the mobile
number you provided us during registration, (3) push
notifications on your mobile device, or (4) by posting the
Communications on the Site. The delivery of any Communications
from us is effective when sent by us, regardless of whether you
read the Communication when you receive it or whether you
receive the delivery. You can withdraw your consent to receive
Communications by deactivating your Account. You can opt-out of
future Communications by emailing Trustr Member Support.
No waiver by Trustr 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 Trustr 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.
Trustr is not responsible for the internet or data bandwidth and
signal of your mobile device.
The Digital Millennium Copyright Act of 1998 (the "DMCA")
provides recourse for copyright owners who believe that material
appearing on the Internet infringes their rights under U.S.
copyright law. If you believe in good faith that materials
appearing on the Site infringe your copyright, you (or your
agent) may send us a notice requesting that the material be
removed, or access to it blocked. In addition, if you believe in
good faith that a notice of copyright infringement has been
wrongly filed against you, the DMCA permits you to send us a
counter-notice. Notices and counter-notices must meet statutory
requirements imposed by the DMCA. One place to find more
information is the U.S. Copyright Office Web site, currently
located at http://www.loc.gov/copyright. In accordance with the
DMCA, Trustr has designated an agent to receive notification of
alleged copyright infringement in accordance with the DMCA. Any
written Notification of Claimed infringement should comply with
Title 17, United States Code, Section 512(c)(3)(A) and should be
provided in writing to Trustr.
Please report any violations of these Terms of Use to
hello@trustr.ai.