Terms of service
Hugo Health, Inc Terms of Service and Conditions of Use
rev 07.16.2022
SUMMARY: Accepting these terms constitutes a legally binding agreement between you and Hugo Health, Inc (“Hugo”).
1. Accepting the Terms of Service and Conditions of Use
Welcome to hugo.health. Please read these Terms of Service and Conditions of Use (“Terms of Service”) carefully before using this website or any part of the related services, as they constitute a legally binding agreement between you and Hugo Health, Inc (“Hugo”, “us”, “our” or “we”), and check them periodically for changes.
ANY USE OF THIS WEBSITE, THE HUGO HEALTH PLATFORM, OUR MOBILE APPLICATION (“MOBILE APP”) OR THE SERVICES AVAILABLE (KINDRED) FROM TIME TO TIME ON OR IN CONNECTION WITH OUR WEBSITE, PLATFORM OR APPLICATION (COLLECTIVELY, THE “SERVICE”), IS SUBJECT TO AND CONDITIONED UPON ASSENT TO AND COMPLIANCE WITH, ALL OF THESE TERMS OF SERVICE. BY USING THE SERVICE, YOU SIGNIFY YOUR CONSENT TO BE BOUND BY THESE TERMS OF SERVICE AND THAT YOU’RE OF LEGAL AGE AND CAPACITY TO FORM A BINDING CONTRACT. IF YOU DON’T AGREE WITH THESE TERMS OF SERVICE, YOU’RE NOT AUTHORIZED TO ACCESS OR USE THE SERVICE FOR ANY PURPOSE.
We may modify these Terms of Service, and if we make material changes to it, we will provide notice of these changes through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these Terms of Service means that you’re consenting to the updated Privacy Policy.
SUMMARY: Hugo is a personal tool for saving and displaying medical information. No healthcare is provided as a part of this Service. We’re not a health service provider or a medical organization and can’t give out medical advice or diagnosis.
2. Disclaimer
THE SERVICE IS A PERSONAL TOOL FOR SAVING AND DISPLAYING MEDICAL RECORDS AND IS INTENDED ONLY TO ASSIST YOU IN ORGANIZING MEDICAL RECORDS. NO HEALTHCARE IS PROVIDED AS PART OF THE SERVICE AND WE AREN’T A HEALTHCARE ORGANIZATION. THE SERVICE DOESN’T, IN ANY WAY, CONSTITUTE MEDICAL ADVICE OR A SUBSTITUTE FOR SEEKING PROFESSIONAL ADVICE OR SERVICES. WE EMPHASIZE THAT WE’RE NOT IN ANY WAY A HEALTH SERVICE PROVIDER OR A MEDICAL ORGANIZATION AND CAN’T GIVE OUT MEDICAL ADVICE OR DIAGNOSIS.
We have no control over the completeness, validity, consistency, or accuracy of any content provided (or lack of such) by you or others (such as hospitals or other health service providers).
We’re not a HIPAA “Covered Entity,” and the Service isn’t intended for use by a HIPAA Covered Entity in place of an electronic medical record or similar application.
SUMMARY: This Service may be used solely for your own personal use. You may add and edit self-entered data however data that originates from patient portals and other data sources is read-only and can’t be altered. Any inaccuracies must be corrected at the source.
3. The Service
Access and use of the Service and any content made available through the Service or that you otherwise obtain in connection with the Service (“Content”), is permitted only for your own personal use for the purpose of organizing your medical records, and only for so long as you’re in compliance with these Terms of Service.
You’ll be able to add self-entered data. You’ll be able to edit the data you contribute. Data, however, that originates from your portals will be designated as “read-only” and can’t be altered by you. Inaccuracies in portal data will need to be corrected by your healthcare provider, and the corrections will be reflected in your Site and Mobile App data after the next sync with your portal. Therefore, it’s your responsibility to confirm the accuracy of all information uploaded to this Service with your healthcare provider.
SUMMARY: We reserve the right to refuse or terminate service at our discretion. With our best efforts, we can’t guarantee that there will not be service disruptions. We’ll attempt to give notice for scheduled maintenance. You may terminate your use of the Service at any time with written notice by which we must respond within 30 days. Your account won’t be terminated due to inactivity. At any time before termination, you may download a copy of your content.
4. Termination and cancellation
We may for any or no reason, in our sole discretion and without notice or liability to you or any third party, refuse the Service or terminate the Service at any time. We may immediately suspend or terminate your account (if any) and block any and all current or future access to and use of the Service (or any portion thereof), without derogating from any other right or remedy that we may have by law, equity or otherwise. Grounds for such termination may include but aren’t limited to our determination that you violated the letter or spirit of these Terms of Service or an infringement of the rights of others or any applicable laws or regulations. Upon termination of your right to use the Service or our termination of the Service, all licenses and other rights granted to you by these Terms of Service will immediately terminate.
Although we try to make the Service always available to you, we can’t make any guarantee and won’t be held liable for any service disruptions, whether temporary or not. For example, we may, from time to time, perform maintenance upon the Service resulting in interrupted service, delays, or errors in the Service. We’ll attempt to provide prior notice of scheduled maintenance but can’t guarantee that such notice will be provided.
Your account won’t be terminated due to inactivity. This service and the storage of your data are available to you whether you choose to engage or not, unless you cancel your account. To cancel your account, please send a written notice to support@hugo.health.
You may terminate your use of the Service at any time and for any reason by sending written notice via email to support@hugo.health. Upon any termination by you, your account will no longer be accessible. Any cancellation request will be handled within (30) days of receipt of such a request.
Following the termination of your account, subject to provisions of applicable law, we reserve the right to permanently delete your Content, within thirty (30) days from our servers and from any data backups, and have no obligation to provide you with a copy of such Content.
At any time before the termination of your account, you may download a copy of your Content stored on the Service by sending a request to support@hugo.health.
SUMMARY: Access to the Service is available only to registered users. Only registered users may use the Service. Your registration data should be true, current and complete. To maintain security and confidentiality, you should notify us if you believe your identity has been compromised.
5. Registration
Access to the Service is available only to registered users. As part of the registration process, you may be requested to provide certain personal data, including among others, name, email address, address, and phone number (collectively, “Registration Data”).
You agree to:
· provide true, accurate, current, and complete Registration Data
· maintain and promptly update the Registration Data to keep it accurate, current, and complete
· maintain the security and confidentiality of any usernames, passwords, and other information used by you to access the Service
· refrain from impersonating any person or entity or misrepresenting your identity or affiliation with any person or entity
· immediately notify us in writing at support@hugo.health if you become aware of any loss, theft, or use by any other person or entity of any of your Registration Data or any other breach of security that you become aware of involving or relating to the Service
SUMMARY: You’re at least 13 years of age, have parental or guardian permission if under 18 years of age, and you have the right, power and authority to engage with the Service.
6. Submission of Content
As a condition to submit Content to the Service (either directly or via others), you warrant and represent that (i) you’re at least thirteen (13) years of age; (ii) if you are under eighteen (18) years of age, you may use this Service and agree to these Terms only with the permission of your parent or guardian, who is responsible for your use of the Service; (iii) all of the submissions are and will be true, complete and accurate and in compliance with all of the terms of this Agreement and any applicable laws and regulations; and (iv) you have all necessary right, power, and authority to enter into and perform under this Agreement.
You’re entirely responsible for all your submissions of Content and the consequences of submitting them on the Service.
SUMMARY: You’ll abide by the local, state, federal, and international law and the rules of this Service, only make use of information that you own or have a right to use, and only act appropriately.
7. General user conduct
In connection with the Service, you agree (i) to abide by all applicable local, state, federal, national, and international laws and regulations, (ii) only make use of information that you own or have a right to use, and (iii) only act appropriately. Without limiting the above, you may not:
· allow or facilitate a third party to violate or infringe any of our rights or those of others or our policies or the operational or security mechanisms of the Service
· use the Service and any Content in any way that restricts or inhibits the use of the Service
· alter, delete, forge, frame, copy, publicly display, publicly perform, rent, sell, hyper-link, create derivative works, or otherwise interfere with or in any manner disrupt, circumvent, or compromise, any part of the Service (including without limitation trademarks, service marks and logos contained in the Service but excluding Content provided entirely by you)
· access or attempt to access any of our systems, programs, or data that aren’t made available for public use or attempt to bypass any registration processes on the Service or any of the Service’s security and traffic management devices
· use any robot, spider, other automated device or tool-bar, web-bar, other web client, device, software, routine or manual process, to access the Service, submit Content, or monitor or scrape information from the Service
· create or provide any other means through which the Service may be accessed, for example, through server emulators, whether for profit or not
We can’t and don’t assure that other users of the Service are or will be complying with these Terms of Service, and as between us, you assume all risk of harm or injury resulting from any such lack of compliance.
SUMMARY: By using the Service, you agree that we may collect, use, and disclose information you provide during your use of the Service, consistent with our Privacy Policy.
SUMMARY: We take extensive precautions to secure and protect your information from unauthorized access, disclosure, or use. Should a breach occur, we’ll notify consumers and follow appropriate guidelines in compliance with all State and Federal regulations.
8. Privacy
When you use the Service, we’ll collect certain personally identifiable information from you as set forth in more detail in our Privacy Policy. When you use the Service, we have access to, and in many cases will monitor, your usage of the Service as you send and receive information. By using the Service, you agree that we may collect, use, and disclose information you provide during your use of the Service, consistent with our Privacy Policy. As part of providing you with the Service, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Service and your account, which you may not be able to opt-out from receiving.
If you have an active Hugo or Kindred account you’ll be notified via email, in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Hugo Health’s assets, in which your personal information is held by Hugo. The Hugo Privacy Policy would continue to apply to information collected and shared while it was in place. You always have the option to deactivate your Hugo account per Section 4.2 of the Hugo Privacy Policy.
9. Data security
Hugo Health, Inc is regulated by the Federal Trade Commission’s (FTC) Health Breach Notification Rule; however, the platform is also HIPAA compliant and, in some instances, Hugo Health is considered a Covered Entity through Business Associate Agreements with Partners or Affiliates. Should there be a breach of unsecured identifiable health information, Hugo Health will comply with the FTC or HIPAA Breach Notification rules and notify consumers within the identified timeframe and guidelines outlined by the appropriate Federal and state agencies.
SUMMARY: The “Hugo” name, Platform, Mobile App, website and any information and data we created and posted on the Mobile App and website are protected by U.S. and international copyright, trademark, and other laws.
10. Proprietary rights
The “Hugo” name, Platform, Mobile App, Website, and any information and data we created and posted on the Platform, Mobile App, and Website ("Hugo Content") are protected by U.S. and international copyright, trademark, and other laws. We own or have the license to use all of the intellectual property rights relating to the Hugo Content, including, without limitation, all intellectual property rights protected as patent pending or patented inventions, trade secrets, copyrights, trademarks, service marks, trade dress, or proprietary or confidential information, and whether or not they happened to be registered. You’ll not acquire any intellectual property rights in the Hugo Content through your use of the Service.
SUMMARY: Subject to our compliance with our Privacy Policy, you grant us the license to use, display, copy, modify and create derivative works of all information you supply to us through the website. Any feedback you provide us about the Service, or our company becomes Hugo Health’s property.
11. User-supplied material and feedback
If you supply any information via the Platform, Website, or Mobile App, you represent and warrant to us that you have the legal right to supply such information and that it won’t violate any law or the rights of any person or entity. Subject to our compliance with our Privacy Policy, you grant us a non-exclusive, perpetual, royalty-free, irrevocable and transferrable, sub-licensable, and worldwide license to use, display, copy, modify, and create derivative works of all information you supply to us through the website.
From time to time, we may request that you provide feedback regarding your use of the Service. Any feedback you provide about the Service or our Company (collectively “Feedback Information”) becomes our property. You hereby assign all rights, titles, and interests worldwide in the feedback information and the related intellectual property rights to Hugo Health and agree to assist, at its expense, in perfecting and enforcing such rights.
SUMMARY: The Service contains links and references to websites and applications of others. These links are provided solely as a convenience to you, and access to any such websites or applications is at your own risk.
12. Links to other websites and applications
The Service contains links and references to websites and applications of others. We may, from time to time, at our sole discretion, add or remove links. These links are provided solely as a convenience to you, and access to any such websites or applications is at your own risk. We encourage you to be aware when you leave the Service and to read the Terms of Service and Privacy Policy of each other website and applications that you visit. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to such websites or applications. In no event will we be responsible for the information contained in, transmissions received from, or your use of or inability to use, such websites or applications, or their practices.
SUMMARY: We respect the rights of copyright owners and expect our users to do the same. If you’re a copyright work owner or an agent thereof, and you believe any content submitted to and hosted on the Service infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act.
13. Copyright protection – Digital Millennium Copyright Act
We respect the rights of copyright owners and expect our users to the same. If you’re a copyright work owner or an agent thereof, and you believe any content submitted to and hosted on the Service infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Our Designated Copyright Agent with the following information in writing (“Notice”):
(i) sufficient details to enable identification of the copyrighted work that has been allegedly infringed, if multiple copyrighted works are claimed to be infringed, a representative list of such works;
(ii) a description of where the content that you claim is infringing is located in the Service;
(iii) your contact information at which you may be contacted (for example, your address, telephone number, and email address);
(iv) a statement that you have a good faith belief that the use of the content identified in the Notice is not authorized by the copyright owner, its agent, or the law;
(v) a statement, under penalty of perjury, that the information in the Notice is accurate and that you’re authorized to act on behalf of the owner of the exclusive right that’s alleged to be infringed; and
(vi) the physical or electronic signature of the owner of the allegedly infringed copyrighted work or any person authorized to act on behalf of such owner
Following receipt of your Notice, we’ll take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged content from the Service. We may ask you to provide further or supplemental information, prior to removing any content, as we deem necessary to comply with the provisions of the DMCA.
It’s our policy to respond only to Notices of alleged infringement that comply with the provisions of this section.
Our Designated Copyright Agent for notices of claims of copyright infringement may be reached as follows: Attention: Copyright Agent, Hugo Health, LLC, PO BOX 145, Guilford, CT 06437, 1-203-900-4846; OR by electronic mail at: support@hugo.health.
SUMMARY: Our use of the Service and content, and any action or inaction by users of the Service, are at your own discretion and risk, and you will be solely responsible for any resulting consequences.
14. Disclaimers of all warranties
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SUBMISSION OF CONTENT BY YOU OR OTHERS DOESN’T IMPLY ENDORSEMENT BY US OF THE CONTENT. WITHOUT LIMITING THE ABOVE, WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO (I) THE SERVICE MEETING YOUR REQUIREMENTS, OR BEING UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, OR ERROR OR VIRUS FREE; (II) WHETHER YOUR USE OF THE SERVICE OR THE CONTENT WILL GENERATE ANY RESULTS OR CONSEQUENCES, NOR IN TERMS OF THE CORRECTNESS, COMPLETENESS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE, OR IN CONNECTION WITH SUBMISSIONS OR PREVENTION OF UNAUTHORIZED ACCESS, SHARING OR DOWNLOAD OF CONTENT; OR (III) YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION.
SUMMARY: Our liability is limited according to these Terms.
15. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INJURY, DEATH, ACT OF GOD, ACCIDENT, DELAY, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY (I) USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THE SERVICE (INCLUDING WITHOUT LIMITATION INACCURACIES OR ERRORS OF INFORMATION AS A RESULT OF ACCESSING THE SERVICE), (II) IN CONNECTION WITH THESE TERMS OF SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR (III) REPRESENTATIONS, WARRANTIES, ACTIONS OR INACTIONS OF ANY USER OR OTHERS (WHETHER OR NOT PROVIDED AS A RESULT OF THE SERVICE); IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. All of the above limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and are fundamental elements of the bargain between us and you. However, we’ll be liable to you for direct damages to you that arise out of any willful act on our part in an amount up to one dollar ($1).
SUMMARY: Claims must be filed within one year.
16. Limitation of claims
Any claim or cause of action arising out of or related to the use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
SUMMARY: We’ll provide you with written notice of such claim, suit, or action. You’ll not enter into any settlement or compromise of any such claim without our prior written consent. We reserve the right, in our sole discretion, to assume the exclusive defense and control of any matter subject to indemnification by you. In all events, you shall cooperate fully in the defense of any claim.
17. Indemnification
YOU RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), AND INCLUDING REASONABLE ATTORNEY’S FEES, RELATED IN ANY WAY TO: (I) YOUR USE OF, ACCESS TO OR RELIANCE ON THE SERVICE OR THE CONTENT, INCLUDING WITHOUT LIMITATION OUR ACTIONS OR OMISSIONS WHILE PROVIDING THE SERVICE (EXCEPT FOR OUR BREACH OF THESE TERMS OF SERVICE AS A RESULT OF WILLFUL MISCONDUCT OR FRAUD ON OUR PART); (II) YOUR CONTENT, PERSONAL INFORMATION AND REGISTRATION DATA; (III) ANY BREACH OF, OR DEFAULT IN, THESE TERMS OF SERVICE BY YOU; (IV) ANY ACT OR OMISSION OF YOU, WHETHER OR NOT ILLEGAL, NEGLIGENT, RECKLESS, OFFENSIVE, UNAUTHORIZED OR UNPROFESSIONAL; (V) ANY DEFECTIVE, CONTAMINATED OR MALICIOUS DEVICE OR SOFTWARE, INCLUDING WITHOUT LIMITATION VIRUSES, INTENTIONALLY OR NEGLIGENTLY DISSEMINATED BY YOU OR ORIGINATING FROM YOUR EQUIPMENT OR NETWORK; OR (VI) YOUR ACCOUNT, BY YOU OR BY ANYONE ACCESSING THIS SERVICE WITH OR WITHOUT YOUR CONSENT.
SUMMARY: These Terms of Service shall be governed by the laws of the State of Delaware.
18. Governing law and exclusive courts
These Terms of Service shall be governed by the laws of the State of Delaware without regard to its choice of law or conflicts of law principles. You consent to the exclusive jurisdiction and venue in the courts in Delaware, except that temporary relief to enjoin infringement of intellectual property rights may be sought in any court.
SUMMARY: These Terms of Service and our Privacy Policy comprise the entire agreement between you and us and state our and our suppliers’ entire liability and your exclusive remedy with respect to the Service, and supersede all prior agreements pertaining to these Terms of Service and Privacy Policy’s subject matters.
19. General
These Terms of Service and our Privacy Policy comprise the entire agreement between you and us and state our and our suppliers’ entire liability and your exclusive remedy with respect to the Service, and supersede all prior agreements pertaining to these Terms of Service and Privacy Policy’s subject matters. If any provision of these Terms of Service is held to be contrary to law, such provision shall be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect. The section titles in these Terms of Service are solely used for convenience and have no legal or contractual significance. No provision of these Terms of Service shall be construed against us but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis after the opportunity to confer with advisors and legal counsel about the meaning and effects of the terms of these Terms of Service. You agree to pay all costs and expenses (including reasonable attorney’s fees) that we may incur in order to collect any amounts that you owe under these Terms of Service. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such term. Our suppliers are third-party beneficiaries of these Terms of Service and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by us to a successor of all or substantially all of our business or assets.
In the event that either you or we institute any legal suit, action, or proceeding against the other party arising out of or relating to the Service or these Terms of Service, the prevailing party in the suit, action, or proceeding shall be entitled to receive in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action or proceeding, including reasonable attorney’s fees and expenses and court costs.