Terms of Service

These Terms of Service (the “Terms”) are a binding legal agreement between you and Pursuant Health, Inc. (“we” or “us”) and explain how you agree to use the Pursuant Health Kiosk and our related services, including those available through our website, pursuanthealth.com (collectively, the “Services”). IF YOU DO NOT AGREE WITH ANY PART OF THE TERMS, DO NOT USE OUR SERVICES. IF YOU PROCEED WITH THE USE OF OUR SERVICES AFTER AGREEING TO THE TERMS, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND THAT YOU AGREE TO COMPLY WITH THE TERMS, AS APPLICABLE.

You must be at least eighteen (18) years old to use our services, except for retinal imaging services which by law can only be provided to individuals who are least twenty-two (22) years old. You represent that you are a natural person over eighteen (18) years of age or for retinal imaging services, at least twenty-two (22) years of age, that your access to or use of the services does not violate applicable laws, and that you understand and agree with all of these terms.

About Our Services

As part of our Services, we may provide you with health-related assessments and information. Our Services, including the use of the Pursuant Health Kiosk, are intended for the general public to measure their own blood pressure, pulse rate, and weight. Some, but not all, Pursuant Health Kiosks may also let adults take digital images of their retinas (back of the eye) without the need to dilate the pupils with a mydriatic agent. The Kiosk is not a diagnostic device. It only provides retinal images that users can take or send to their personal physicians or other healthcare professionals. Laypersons cannot interpret these retinal images.

Access to Website/User Accounts

Our Services may also include access to our website, online user account, or means of communication or content which may be provided electronically from our systems or displayed on the Pursuant Health Kiosk. Use of some of our Services, including retinal imaging services, will require you to set up a web-based user account to store, view and download retinal images and relevant reports, if any, related thereto. You are solely responsible for providing current and accurate information required to establish an account and you agree to update such information as required. You also agree that you are solely responsible for maintaining the confidentiality of all passwords needed to access your account and that you will immediately notify Pursuant Health’s Customer Care Team of any suspected breach of your account using the contact information published on our website at www.pursuanthealth.com/contact-us. You may terminate your user account by following the instructions detailed on the Pursuant Health website.

Access to Eye Health Assessments

In the case of retinal imaging services, you can download your retinal images captured at our Kiosk by logging into your online account. You can also choose to have Pursuant Health send your retinal images to one of our affiliated independent ophthalmologists (eye doctors) licensed in your state, who will provide their services within the scope of their professional training and licensing. This eye specialist will review the images for signs of eye disease. If you choose this option, you will authorize Pursuant Health, with your consent, to transmit your retinal images to the ophthalmologist, who will review them and provide a report of the results of such reading, usually within 1 to 2 business days. You can view and download this report from your online account. You may use your retinal images and/or, if applicable, the report to follow up with your own physicians.

If your report has an urgent need for follow-up, we will have someone on our support team attempt to reach out to you via text, email, or telephone call, using the contact information you provided us to notify you of the ophthalmologist’s recommendations. In all cases, if you receive a report recommending urgent follow up but have not yet been contacted by a Pursuant Health support team member, you should not delay following up with your own physician as soon as possible.

Our Kiosk will use software to determine the quality of retinal images generated at the Kiosk. If it is determined that the images are not of a high-quality, for whatever reason, we will inform you that the image capture was not successful and, if applicable, that such images cannot be sent to eye specialists for review. In some cases, the Kiosk software will determine that the image quality is sufficient for review but, upon receipt of the images, the reviewing eye specialist will determine that the images are not adequate to review for signs of eye disease. In that instance, no reading of the images will occur, and no report of results will be produced.

Use of the Services

The information available through these Services is for informational purposes only and is not intended to and cannot be a substitute for professional medical advice, diagnosis, or treatment. We cannot guarantee the accuracy of the information provided to you through our Services. You should always seek the advice of your physician, or other qualified healthcare provider for any questions you have about your health, and never solely rely on information provided from our Services when making decisions which may impact your health. You should never disregard professional medical advice or delay in seeking it because of information you’ve received from our Services. If you think you may have a medical emergency, call your physician or 911 immediately.

Pursuant Health does not practice medicine or offer any medical services. We do not recommend or endorse any specific tests or treatments or warrant their safety, appropriateness or effectiveness for you nor do we recommend or endorse any physicians, ophthalmologists, optometrists, products, procedures, opinions, or other information that may be mentioned on the Services.

Our Services are intended only to allow you to view, download, and share your health data, such as your weight, blood pressure, and retinal images. You can use this data for your personal knowledge or share it with your healthcare professional if you choose. You may not access or use the Services for any other purpose. Any use of the Services by you must be for lawful and appropriate purposes on your own behalf, and subject to your full compliance with these Terms and any other guidelines and policies applicable to the Service posted by Pursuant Health from time to time.

Third Party Providers

From time to time, Pursuant Health engages third parties (including the independent ophthalmologists who read retina images) to perform or support the performance of some of Pursuant Health Services. Pursuant Health does not practice medicine or any other licensed profession and does not interfere with the practice of medicine of any of its affiliated independent third party providers. By accepting these Terms and using the services provided by third party providers, you agree that you are entering into a doctor-patient or other health care provider-patient relationship solely with the third party providers and not with Pursuant Health and that Pursuant Health shall not be liable for any professional advice that you choose to receive from these third party providers or for any actions taken by you in reliance on advice or information provided by these third party providers.

Certain third parties may also process your data in the course of providing their services. Your consent will be obtained by Pursuant Health or the third party provider or both as and when required by applicable law at the time you opt to use such services.

Changes to Terms of Service

Pursuant Health reserves the right to change these Terms at any time, without prior notice to you. The most recent version of the Terms are reflected by the version date located at the bottom of this page. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of the Terms on our website at www.pursuanthealth.com. You should view these Terms often to stay informed of changes that may affect you, as your continued use of our Services signifies your continuing consent to be bound by the Terms. Our electronically or otherwise properly stored copies of the Terms shall be deemed to be the true, complete, valid, authentic, and enforceable copy of the version which were in force on each respective date you used our Services.

Privacy

To take advantage of certain features of the Services, you may be requested or required to provide us with personal information. You agree that we may use such information in accordance with our Privacy Policy, which is incorporated by reference into these Terms and is published on our website at www.pursuanthealth.com/privacy-policy.

License to Materials and Content

The Pursuant Health Kiosk, the Services and all information and content available through the Pursuant Health Kiosk and Services (collectively, the “Materials”) is the copyrighted and/or trademarked work of us or our third-party licensors and suppliers or other partners. Materials may include logos, graphics, video, images, software, and other content. Subject to the terms and conditions of these Terms, and your compliance with these Terms, we hereby grant you a limited, personal, non-exclusive, and non-transferable license to use the Materials and to use the Services solely for your personal use. Except for the foregoing license, you have no other rights in Materials, and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Services or Materials in any manner. If you breach any of these Terms, the above license will terminate automatically, and you must immediately destroy any downloaded or printed Materials.

Electronic Communications

By using the Services, you consent to receive electronic communications, including notifications, text messages, alerts, and emails from us. These electronic communications may include information concerning or related to the Services. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. You can control most communications through your online user account.

Proprietary Rights

Pursuant Health® is a trademark of Pursuant Health, Inc. in the United States. Other trademarks, names and logos found throughout our Services are the property of their respective owners. Unless otherwise specified in these Terms, all information and screens appearing on a Pursuant Health Kiosk or the Services, including documents, services, site design, text, graphics, logos, images, and icons, as well as the arrangement thereof, are our sole property or used by us under license from a third party. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Disclaimer of Warranties

Pursuant Health, Inc., for itself and its licensors, makes no express, implied, or statutory representations, warranties, or guarantees in connection with the Pursuant Health Kiosk, the Services, or, including without limitation, any materials relating to the quality, suitability, truth, accuracy, or completeness of any information or material contained or presented by our Services (collectively, the “Materials”). UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PURSUANT HEALTH KIOSK, THE SERVICES AND THE MATERIALS ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

Limitation of Liability, Damages and Claims

YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF OUR KIOSK, THE SERVICES AND THE MATERIALS IS AT YOUR SOLE RISK. THE MATERIALS HAVE NOT BEEN VERIFIED OR AUTHENTICATED IN WHOLE OR IN PART BY US, AND THEY MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL OR OTHER ERRORS. WE DO NOT WARRANT THE ACCURACY OR TIMELINESS OF THE MATERIALS. WE HAVE NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE MATERIALS, WHETHER PROVIDED BY US, OUR LICENSORS OR SUPPLIERS OR OTHER THIRD PARTIES.

WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USING, DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, RELATED TO, OR ARISING UNDER THESE TERMS, THE KIOSK, THE SERVICES, OR THE MATERIALS, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.

WITHOUT LIMITING THE FOREGOING LIMITATION OF LIABILITY, IN THE EVENT WE ARE FOUND LIABLE FOR DAMAGES TO YOU IN A COMPETENT LEGAL PROCEEDING, OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS AND OUR SERVICES IS LIMITED TO THE LESSER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE AMOUNTS PAID TO US FOR THE SERVICES THAT ARE THE BASIS OF THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM.

YOU AGREE THAT ANY CLAIMS ARISING OUT OF OR RELATING TO USE OF THE KIOSK, THE SERVICES, THE MATERIALS OR THESE TERMS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES, UNLESS THE LAW OF YOUR STATE REQUIRES OTHERWISE.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY. ONLY LIMITATIONS THAT ARE LAWFUL IN THE APPLICABLE JURISDICTION WILL APPLY TO YOU AND YOU AGREE THAT OUR LIABILITY IN ALL CASES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Feedback

If you send or transmit any communications, comments, questions, suggestions, or related materials to us, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to our website, Pursuant Health Kiosks, or any Services or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in to Pursuant Health, Inc., and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

Arbitration/Waiver/Applicable Law

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT EVERY DISPUTE ARISING BETWEEN YOU AND PURSUANT HEALTH UNDER THESE TERMS AND/OR UNDER YOUR USE OF THE KIOSK, THE SERVICES OR THE MATERIALS WILL BE RESOLVED BY BINDING ARBITRATION CONDUCTED BY A SINGLE ARBITRATOR UNDER THE FEDERAL ARBITRATION ACT (“FAA”) AND ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS CONSUMER ARBITRATION RULES (THE “AAA RULES“ AND COLLECTIVELY WITH THE FAA, THE “ARBITRATION RULES”), AS MODIFIED BY THESE TERMS OF USE.

The party who intends to seek arbitration must first contact the other party in a writing sent via certified U.S. Mail or by Federal Express with proof of delivery provided and briefly explain the dispute, including a description of the nature of the claim, the factual basis to support the claim, and a statement of the exact relief sought. If a party has not provided a current physical address, the notice of dispute may be sent by electronic mail to the other party. Pursuant Health’s address for purposes of the written notice of dispute is 817 W. Peachtree St. NE, Suite M-105, Atlanta GA 30308.

If the parties are unable to resolve the dispute through good faith efforts within sixty (60) days of receipt of the written notice of the dispute by the receiving party, then either party - you or Pursuant Health - may commence an arbitration proceeding in accordance with the Arbitration Rules. To the fullest extent allowed by law, no action arising out of the Terms, the use of Kiosk, the Services or the Materials, shall be brought by you more than one (1) year after accrual of the action. Unless otherwise agreed to by the parties, arbitration shall be conducted in Fulton County, Georgia. Each party shall bear its own costs and expenses incurred in the arbitration. All arbitration fees shall be payable as set forth in the AAA Rules.

YOU AND PURSUANT HEALTH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR PROCEEDING. Further, unless otherwise agreed to by you and Pursuant Health, claims brought by you or Pursuant Health cannot be consolidated with any claims brought by other persons or entities.

The laws of the state of Georgia and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms and all disputes thereunder, whether ultimately litigated in arbitration or in a court of law. If the arbitration provisions of these Terms of Service stated above are deemed by a court of competent jurisdiction not to apply to a dispute between us, then jurisdiction and venue for any proceedings between the parties outside of arbitration shall be the state and federal courts located in the State of Georgia. Otherwise, the arbitration provisions will apply as stated.

Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms.

General

We prefer to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms or any other attempted or actual unlawful, unauthorized, fraudulent, or malicious use of the Kiosk, the Services or the Materials, as solely determined by us, may result in immediate termination of your access to these Services without prior notice to you. Pursuant Health reserves the right to take whatever other lawful actions it may deem appropriate in response to a violation of these Terms or improper use of the Kiosk, Services or Materials, including without limitation, cooperating with appropriate legal authorities in the investigation of any suspected or alleged crime or civil wrong and disclosing any information as required by law, regulation or legal process.

Our failure to enforce any of these Terms is not a waiver of such term. These Terms, including our Privacy Policy incorporated by reference herein, are the entire agreement between you and us relating to your use of the Pursuant Health Kiosk, the Services and the Materials, and supersede all prior or contemporaneous negotiations, discussions or agreements between you and us about the Pursuant Health Services.

The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

If any of these Terms are found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.

Contact Us

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us using the information published on our website at www.pursuanthealth.com/contact-us.

Updated

July 18, 2024