Terms of Service & Privacy Notice

Last updated: October 5, 2021

English


Terms of Service


Please read these Terms of Service (the “Terms”) and our Privacy Notice (“Privacy Notice”) carefully because they govern your use of the services offered by LingoHealth, Inc. (“LingoHealth”) that allow users to view and share medical and health-related information, and to receive health-related messages, including the services made available via the LingoHealth mobile app (“App”) and/or any LingoHealth website (“Site”) and messages you may receive from us or send to us. To make these Terms easier to read, our App, Site and services, and related communications, are collectively called the “Services.”

IMPORTANT NOTICES:

ENGLISH LANGUAGE TERMS GOVERN: THESE TERMS WERE ORIGINALLY WRITTEN IN ENGLISH.  IF THERE IS ANY DISCREPANCY BETWEEN SUCH ENGLISH VERSION AND ANY NON-ENGLISH TRANSLATION, THE ENGLISH LANGUAGE VERSION PREVAILS.

ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND LINGOHEALTH THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 19 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.

NO MEDICAL ADVICE:  WE DO NOT PROVIDE MEDICAL ADVICE.  ANY INFORMATION WE PROVIDE IS FOR INFORMATIONAL PURPOSES ONLY.  YOU RELY ON THAT INFORMATION AT YOUR SOLE RISK.  ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTHCARE PROVIDER FOR PERSONAL MEDICAL ATTENTION AND ADVICE.  THE SERVICES ARE NOT FOR MEDICAL EMERGENCIES.  IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.


1. Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.

2. Privacy.
Please review our Privacy Notice, which also governs your use of the Services, for information on how we collect, use and share your information.

3. Access to and Use of Information from Your Messages to LingoHealth
Please note – If you are a care recipient, whose loved one is using the Services, or has invited you to use the Services, the information you provide in messages to LingoHealth, or information about those messages, may be available to your loved one.  For example, if you respond to an appointment reminder you receive from LingoHealth, your loved one will know that you have responded.  

4. No Medical Advice; No Emergency Services. You understand and agree that LingoHealth does not provide medical advice, diagnosis, treatment, or prescriptions, either through the Services or in any other way. The Services help you to coordinate and manage health-related information, including information you or your loved one may receive from healthcare providers, but we are not your healthcare provider. The Services are not a substitute for professional medical advice, diagnosis, treatment or prescriptions. Please seek medical advice and treatment only from a healthcare provider, and if you have any questions relating to your or your loved one’s medical care resulting from any communications you received from LingoHealth or through the Services, call your or your loved one’s healthcare provider or visit him or her in person. If you think you may have a medical emergency, call 911 immediately.
ANY HEALTH INFORMATION SERVICES, SUGGESTIONS, OR OTHER CONTENT PROVIDED BY LINGOHEALTH OR VIA THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF ANY INFORMATION OBTAINED FROM LINGOHEALTH OR THROUGH THE SERVICES AND AGREE THAT WE’RE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING FROM USING THAT INFORMATION AND WE DISCLAIM ANY LIABILITY RELATING THERETO. IF YOU RELY ON ANY INFORMATION PROVIDED TO YOU BY LINGOHEALTH OR VIA THE SERVICES, YOU DO SO AT YOUR OWN RISK. YOU AGREE THAT WE HAVE NO RESPONSIBILITY TO PROVIDE MEDICAL ADVICE OR TAKE ANY MEDICALLY RELATED OR OTHER ACTION IN RESPONSE TO ANY INFORMATION YOU PROVIDE TO US OR THROUGH THE SERVICES.

5. Changes to these Terms or the Services.
We may update the Terms from time to time at our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site, to the App and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

6. Who May Use the Services? 
You may use the Services only if you are 18 years or older and capable of forming a binding contract with LingoHealth, and not otherwise barred from using the Services under applicable law. To use the Services, you may need an account. It’s important that you provide us with accurate, complete and current account information and keep this information up to date. If you don’t, we might have to suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You’re responsible for all activities that occur under your account.

7. One-Time Payments and Subscriptions. LingoHealth may require payment of a fee for use of the Services (or certain portions thereof).  You may have the option of making a one-time payment (“One-Time Payment”) or purchasing a subscription (“Subscription”) for such use.
(a) General. Whether you make a One-Time Payment or purchase a Subscription (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
(b) Subscriptions. If you purchase a Subscription, you will choose a subscription period (the “Subscription Term”) and you will be charged the applicable Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription Term.  At the end of the Subscription Term, your Subscription will automatically renew and you will be charged at the then-current Subscription Fee for the new Subscription Term.  BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE LINGOHEALTH TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each time your Subscription renews, using the Payment Information you have provided until you cancel your Subscription. If required under applicable law, LingoHealth will send you a reminder with the then-current Subscription Fee. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or LingoHealth. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms.
(c) Cancelling One-Time Payment or Subscription. YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR ONE-TIME PAYMENT OR SUBSCRIPTION FEE AT ANY TIME. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription Term. EXCEPT AS SET FORTH ABOVE WITH RESPECT TO YOUR INITIAL SUBSCRIPTION PURCHASE, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can send an email to hello@lingohealth.io. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription Term. If you cancel, your right to use the Services will continue until the end of your then current Subscription Term and will then terminate without further charges.

8. Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or (unless otherwise stated) compensation to you. 

9. Your Content. 
(a) Posting Content. Our Services may allow you to store or share content (such as text, documents and images). Anything (other than Feedback) that you post or otherwise make available to us through the Services, including any responses to messages from LingoHealth via a messaging service or SMS, is referred to as “User Content”. LingoHealth does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
(b) Permissions to Your User Content. By making any User Content available through the Services you hereby grant to LingoHealth a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services.
(c) Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor any use thereof on or through the Services will infringe, misappropriate or violate any third party’s rights, or result in the violation of any applicable law or regulation.
(d) Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

10. LingoHealth’s Intellectual Property. We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content.

11. Rights and Terms for Apps.
(a) App License. If you comply with these Terms, LingoHealth grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means. 
(b) Additional Information: Apple App Store. This Section 11(b) applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.

12. General Prohibitions and LingoHealth’s Enforcement Rights. You agree not to do any of the following:
(a) Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
(b) Use, display, mirror or frame the Services or any individual element within the Services, LingoHealth’s name, any LingoHealth trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without LingoHealth’s express written consent; 
(c) Access, tamper with, or use non-public areas of the Services, LingoHealth’s computer systems, or the technical delivery systems of LingoHealth’s providers; 
(d) Attempt to probe, scan or test the vulnerability of any LingoHealth system or network or breach any security or authentication measures; 
(e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by LingoHealth or any of LingoHealth’s providers or any other third party (including another user) to protect the Services; 
(f) Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by LingoHealth or other generally available third-party web browsers; 
(g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; 
(h) Use any meta tags or other hidden text or metadata utilizing a LingoHealth trademark, logo URL or product name without LingoHealth’s express written consent;
(i) Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; 
(j) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information; 
(k) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services; 
(l) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; 
(m) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission; 
(n) Impersonate or misrepresent your affiliation with any person or entity; 
(o) Violate any applicable law or regulation; or
(p) Encourage or enable any other individual to do any of the foregoing.

LingoHealth is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

13. Links to Third Party Websites or Resources. The Services (including the App) may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources.

14. Termination. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at hello@lingohealth.io. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 3, 4, 5, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19 and 20.

15. Warranty Disclaimers. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Your use of the Services is voluntary and your reliance on any information or content on the Services is at your sole risk. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.

16. Indemnity. You will indemnify and hold LingoHealth and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms.

17. Limitation of Liability.
(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER LINGOHEALTH NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER OR DEVICE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LINGOHEALTH OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 
(b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL LINGOHEALTH’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO LINGOHEALTH FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO LINGOHEALTH, AS APPLICABLE. 
(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LINGOHEALTH AND YOU.

18. Governing Law; Disputes and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 19 “Dispute Resolution” and subject to the remainder of this Section 18, the exclusive jurisdiction for all disputes, claims or controversies arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”)  that you and LingoHealth are not required to arbitrate will be the state and federal courts located in Santa Clara County, California, and you and LingoHealth each waive any objection to jurisdiction and venue in such courts.

However, we hope to address any concerns you may have without litigation or other formal proceedings.  As such, before filing a claim against LingoHealth, you agree to contact us at hello@lingohealth.io and provide us with reasonably detailed information concerning your Dispute. If your Dispute is not resolved within 15 days after you initially contact us, you or LingoHealth may bring a formal proceeding in accordance with these Terms.

19. Dispute Resolution. If you are a U.S. resident, this Section 19 shall apply to you:
(a) Mandatory Arbitration of Disputes. We each agree that any Disputes will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and LingoHealth agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and LingoHealth are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms. 
(b) Exceptions. As limited exceptions to Section 19(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. 
(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
(e) Injunctive and Declaratory Relief. Except as provided in Section 19(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
(f) Class Action Waiver. YOU AND LINGOHEALTH 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 OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
(g) Severability. With the exception of any of the provisions in Section 19(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

20. General Terms.
(a) English Language.  These Terms were originally written in English.  While we may make available versions of these Terms in other languages, such English language version of these Terms shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any.
(b) Reservation of Rights. LingoHealth and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
(c) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between LingoHealth and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between LingoHealth and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without LingoHealth’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. LingoHealth may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(d) Notices. Any notices or other communications provided by LingoHealth under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
(e) Waiver of Rights. LingoHealth’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of LingoHealth. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

21. Contact Information. If you have any questions about these Terms or the Services, please contact LingoHealth at hello@lingohealth.io.


Privacy Policy


LingoHealth Inc. (“LingoHealth”, “we”, “us”, or “our”) provides a service that helps individuals (each a “Caregiver”) assist other individuals (such as family members or friends) who are receiving care (each a “Care Recipient”) from one or more healthcare providers. This Privacy Notice is designed to help you understand how LingoHealth collects, uses, and shares your personal information and to help you understand and exercise your privacy rights.

1. SCOPE
This Privacy Notice applies to personal information processed by us, including on our websites, mobile application, and other online or offline offerings. To make this Privacy Notice easier to read, our websites, mobile application, and other offerings are collectively called the “Services.

2. PERSONAL INFORMATION WE COLLECT
The categories of personal information we collect depend on how you interact with us, our Services, and the requirements of applicable law. We collect information that you provide to us, information we obtain automatically when you use our Services, and information from other sources such as third-party services and organizations, as described below.

  • A. Information You Provide to Us Directly
    We may collect the following personal information that you provide to us.
    Account Creation. We may collect personal information when you create an account as a Caregiver or a Care Recipient. This information may include name, email address, address, phone number, birthdate, information about a Care Recipient’s medical condition or treatment, health insurance information, and other relevant information.
    Purchases.
    We may collect personal information and details associated with your purchases, including payment information. Any payments made via our Services are processed by third-party payment processors. We do not directly collect or store any payment card information entered through our Services, but it may receive information associated with your payment card information (e.g., your billing details).
    Your Communications with Us. We may collect personal information, such as email address, phone number, or mailing address when you request information about our Services, register for our newsletter or loyalty program, request customer or technical support, apply for a job, or otherwise communicate with us.
    Surveys.
    We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include personal information.
    Interactive Features. We and others who use our Services may collect information that you submit or make available through our interactive features (e.g., messaging and chat features, commenting functionalities, forums, blogs, and social media pages). Any information you provide using the public sharing features of the Services will be considered “public,” unless otherwise required by applicable law, and is not subject to the privacy protections referenced herein.
    Sweepstakes or Contests. We may collect personal information you provide for any sweepstakes or contests that we offer. In some jurisdictions, we are required to publicly share information of sweepstakes and contest winners.
    Conferences, Trade Shows, and Other Events. We may collect personal information from individuals when we attend conferences, trade shows, and other events. 
    Business Development and Strategic Partnerships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities. 
    Job Applications. We may post job openings and opportunities on our Services. You may reply to one of these postings by submitting your application, CV, cover letter, and/or other information to us.
  • B. Information Collected Automatically
    We may collect personal information automatically when you use our Services:
    Automatic Data Collection. We may collect certain information automatically when you use our Services, such as your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, browser or device information, location information (including approximate location derived from IP address), and Internet service provider. We may also automatically collect information regarding your use of our Services, such as pages that you visit before, during and after using our Services, information about the links you click, the types of content you interact with, the frequency and duration of your activities, and other information about how you use our Services.
    Cookies, Pixel Tags/Web Beacons, and Other Technologies. We, as well as third parties that provide content, advertising, or other functionality on our Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through your use of our Services. 
    • Cookies. Cookies are small text files placed in device browsers that store preferences and facilitate and enhance your experience.
    • Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in our Services that collects information about engagement on our Services. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.

    Our uses of these Technologies fall into the following general categories: 
    Operationally Necessary. This includes Technologies that allow you access to our Services, applications, and tools that are required to identify irregular website behavior, prevent fraudulent activity and improve security or that allow you to make use of our functionality;
    Performance-Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how individuals use our Services (see Analytics below);
    Functionality-Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed;
    Advertising- or Targeting-Related. We may use first party or third-party Technologies to deliver content, including ads relevant to your interests, on our Services or on third-party websites.

    See “Your Privacy Choices and Rights” below to understand your choices regarding these Technologies.

    Analytics. We may use Technologies and other third-party tools to process analytics information on our Services. Some of our analytics partners include:
    Google Analytics. For more information, please visit Google Analytics’ Privacy Policy. To learn more about how to opt-out of Google Analytics’ use of your information, please click here.
  • C. Information Collected from Other Sources
    Other Caregivers or Care Recipients.
    Caregivers may provide personal information about Care Recipients they interact with or assist via the Services. In addition, Care Recipients may provide personal information about Caregivers they interact with via the Services. For example, a Caregiver may upload personal information about a Care Recipient’s medical conditions and/or medical appointments. 
    Third-Party Sources. We may obtain information about you from other sources, including through third-party services and organizations. For example, if you access our Services through a third-party application, such as an app store, a third-party login service, or a social networking site, we may collect information about you from that third-party application that you have made available via your privacy settings. 


3. HOW WE USE YOUR INFORMATION
We use your information for a variety of business purposes, including to provide our Services, for administrative purposes, and to market our products and Services, as described below.‍

  • A. Provide Our Services
    We use your information to fulfill our contract with you and provide you with our Services, such as:
    Managing your information and accounts;Providing access to certain areas, functionalities, and features of our Services;
    Answering requests for customer or technical support; 
    Communicating with you about your account, activities on our Services, and policy changes;
    Processing your financial information and other payment methods for products or Services purchased;
    Processing and evaluating applications if you apply for a job we post on our Services; and
    Allowing you to register for events.
  • B. Administrative Purposes
    We use your information for various administrative purposes, such as:
    Pursuing our legitimate interests such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;
    Sending welcome gifts and thank you cards to users as we deem appropriate;
    Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;
    Measuring interest and engagement in our Services; 
    Improving, upgrading or enhancing our Services; 
    Developing new products and services;
    Ensuring internal quality control and safety;
    Authenticating and verifying individual identities, including requests to exercise your rights under this policy;
    Debugging to identify and repair errors with our Services;
    Auditing relating to interactions, transactions and other compliance activities;
    Enforcing our agreements and policies; and
    Complying with our legal obligations.
  • C. Marketing and Advertising our Products and Services
    We may use personal information to tailor and provide you with content and advertisements. We may provide you with these materials as permitted by applicable law. Some of the ways we market to you include email campaigns, custom audiences advertising, and “interest-based” or “personalized advertising,” including through cross-device tracking.If you have any questions about our marketing practices, you may contact us at any time as set forth in “Contact Us” below. 
  • D. Other Purposes
    We also use your information for other purposes as requested by you or as permitted by applicable law.Consent. We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.De-identified and Aggregated Information. We may use personal information and other information about you to create de-identified and/or aggregated information, such as de-identified demographic information, de-identified location information, information about the device from which you access our Services, or other analyses we create. De-identified and/or aggregated information is not personal information, and we may use, disclose, and retain such information as permitted by applicable laws.Share Content with Friends or Colleagues. Our Services may offer various tools and functionalities. For example, we may allow you to provide information about your friends through our referral services. Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services. Please only share with us contact information of people with whom you have a relationship (e.g., relative, friend, neighbor, or co-worker).


4. HOW WE DISCLOSE YOUR INFORMATION
We disclose your information to third parties for a variety of business purposes, including to provide our Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below.

  • A. Disclosures to Provide our Services
    The categories of third parties with whom we may share your information are described below. 
    Other Caregivers or Care Recipients You Share or Interact With. Your personal information may be disclosed or visible to other Caregivers or Care Recipients that you share or interact with via the Services. 
    Service Providers. We may share your personal information with our third-party service providers who use that information to help us provide our Services. This includes service providers that provide us with IT support, hosting, payment processing, customer service, and related services.
    Third-Party Services You Instruct Us to Share or Interact With. A Caregiver or Care Recipient may instruct us to share personal information with a Third-Party Service (defined below). For example, a Caregiver may ask us to help schedule a doctor’s appointment for a Care Recipient in which case we may disclose relevant personal information to the doctor’s office.
    Business Partners. We may share your personal information with business partners to provide you with a product or service you have requested. We may also share your personal information to business partners with whom we jointly offer products or services.
    Affiliates. We may share your personal information with our company affiliates. 
    Advertising Partners. We may share your personal information with third-party advertising partners. These third-party advertising partners may set Technologies and other tracking tools on our Services to collect information regarding your activities and your device (e.g., your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other services) for purposes of delivering personalized advertisements to you when you visit digital properties within their networks. This practice is commonly referred to as “interest-based advertising” or “personalized advertising.”
    APIs/SDKs. We may use third-party application program interfaces (“APIs”) and software development kits (“SDKs”) as part of the functionality of our Services. For more information about our use of APIs and SDKs, please contact us as set forth in “Contact Us below.
  • B. Disclosures to Protect Us or Others
    We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.
  • C. Disclosure in the Event of Merger, Sale, or Other Asset Transfers
    If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.


5. YOUR PRIVACY CHOICES AND RIGHTS
Your Privacy Choices
. The privacy choices you may have about your personal information are determined by applicable law and are described below. 
Email and Telephone Communications. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt-out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt-out of those communications (e.g., communications regarding our Services or updates to our Terms or this Privacy Notice). We process requests to be placed on do-not-mail, do-not-phone, and do-not-contact lists as required by applicable law.
SMS and Other Messaging Apps. You may opt-out of receiving communications from us via SMS and/or other messaging apps by following the instructions in the message you have received from us or by otherwise contacting us.
Mobile Devices. We may send you push notifications through our mobile application. You may opt-     out from receiving these push notifications by changing the settings on your mobile device. With your consent, we may also collect precise location-based information via our mobile application. You may opt-out of this collection by changing the settings on your mobile device.
“Do Not Track. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
Cookies and Interest-Based Advertising. You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, our Services may not work properly. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of personalized advertisements on some mobile applications by following the instructions for Android, iOS and others.The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy by visiting the Network Advertising Initiative, the Digital Advertising Alliance, the European Digital Advertising Alliance, and the Digital Advertising Alliance of Canada. Please note you must separately opt-out in each browser and on each device. 

Your Privacy Rights. In accordance with applicable law, you may have the right to:
Access Personal Information about you, including: (i) confirming whether we are processing your personal information; (ii) obtaining access to or a copy of your personal information; and (iii) receiving an electronic copy of personal information that you have provided to us, or asking us to send that information to another company (the “right of data portability”);
Request Correction of your personal information where it is inaccurate or incomplete. In some cases, we may provide self-service tools that enable you to update your personal information;
Request Deletion of your personal information; 
Request Restriction of or Object to our processing of your personal information; and 
Withdraw your Consent to our processing of your personal information.If you would like to exercise any of these rights, please contact us as set forth in “Contact Us below. We will process such requests in accordance with applicable laws.

6. SECURITY OF YOUR INFORMATION
We take steps to ensure that your information is treated securely and in accordance with this Privacy Notice. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized disclosure.By using our Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on our Services, by mail or by sending an email to you.

7. INTERNATIONAL DATA TRANSFERS
All information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We endeavor to safeguard your information consistent with the requirements of applicable laws.

8. RETENTION OF PERSONAL INFORMATION
We store the personal information we collect as described in this Privacy Notice for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.  

9. SUPPLEMENTAL NOTICE FOR CALIFORNIA RESIDENTS
This Supplemental California Privacy Notice only applies to our processing of personal information that is subject to the California Consumer Privacy Act of 2018 (“CCPA”). The CCPA provides California residents with the right to know what categories of personal information LingoHealth has collected about them and whether LingoHealth disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding 12 months. California residents can find this information below:

Categories of Third Parties Personal Information is Disclosed to for a Business Purpose
Category of Personal Information Collected by LingoHealth 

Identifiers

– Other Caregivers or Care Recipients you share or interact with
– Service providers
– Third-Party Services you instruct us to share or interact with
– Business partners 
– Affiliates
– Advertising partners
– APIs/SDKs

Personal information categories listed in Cal. Civ. Code § 1798.80(e)

– Other Caregivers or Care Recipients you share or interact with
– Service providers
– Third-Party Services you instruct us to share or interact with
– Business partners
– Affiliates
– APIs/SDKs

Protected classification characteristics under California or federal law

– Other Caregivers or Care Recipients you share or interact with
– Service providers
– Third-Party Services you instruct us to share or interact with
– Business partners
– Affiliates
– APIs/SDKs

Commercial Information

– Other Caregivers or Care Recipients you share or interact with
– Service providers
– Third-Party Services you instruct us to share or interact with
– Business partners
– Affiliates
– APIs/SDKs

Biometric information

– Other Caregivers or Care Recipients you share or interact with
– Service providers
– Third-Party Services you instruct us to share or interact with
– Business partners
– Affiliates
– APIs/SDKs

Internet or other electronic network activity

– Service providers
– Advertising partners
– Business partners 
– Affiliates
– APIs/SDKs

Sensory data

– Other Caregivers or Care Recipients you share or interact with
– Service providers
– Third-Party Services you instruct us to share or interact with
– Business partners
– Affiliates
– APIs/SDKs

Professional or employment-related information

– Other Caregivers or Care Recipients you share or interact with
– Service providers
– Third-Party Services you instruct us to share or interact with
– Business partners
– Affiliates
– APIs/SDKs

Inferences drawn from other personal information to create a profile about a consumer

– Service providers
– Advertising partners
– Business partners 
– Affiliates
– APIs/SDKs

The categories of sources from which we collect personal information and our business and commercial purposes for using personal information are set forth above. 

Additional Privacy Rights for California Residents

“Sales” of Personal Information under the CCPA. For purposes of the CCPA, LingoHealth does not “sell” personal information, nor do we have actual knowledge of any “sale” of personal information of minors under 16 years of age.
Non-Discrimination. California residents have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the CCPA. 
Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. To designate an authorized agent, please contact us as set forth below.
Verification. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include confirming the email address associated with any personal information we have about you. 
If you are a California resident and would like to exercise any of your rights under the CCPA, please Contact Us as set forth below. We will process such requests in accordance with applicable laws.
 
10. SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS
If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to third parties who intend to license or sell that personal information. Please note that we do not currently sell your personal information as sales are defined in Nevada Revised Statutes Chapter 603A. If you have any questions, please contact us as set forth below.

11. CHILDREN’S INFORMATION
The Services are not directed to children under 18 (or other age as required by local law), and we do not knowingly collect personal information from children.

If you are a parent or guardian and believe your child has uploaded personal information to our site without your consent, you may contact us as described in “Contact Us” below. If we become aware that a child has provided us with personal information in violation of applicable law, we will delete any personal information we have collected, unless we have a legal obligation to keep it, and terminate the child’s account if applicable.

12. OTHER PROVISIONS
Third-Party Services.
The Services may contain links to, be compatible, or allow you to share personal information with third-party websites, applications, or services (each a “Third-Party Service”) and other Third-Party Services may reference, link to, or interface with our Services. Third-Party Services may include, but are not limited to, healthcare providers and pharmacies. These Third-Party Services are not controlled by us. We encourage our users to read the privacy policies of each Third-Party Service with which they interact. We do not endorse, screen or approve, and are not responsible for, the practices or content of such other Third-Party Services. Providing personal information to Third-Party Services is at your own risk. 
Supervisory Authority. If you are located in the European Economic Area, Switzerland, or the United Kingdom, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law.
Changes to our Privacy Notice. We may revise this Privacy Notice from time to time in our sole discretion. If there are any material changes to this Privacy Notice, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Notice if you continue to use our Services after the new Privacy Notice takes effect.

13. CONTACT US 
LingoHealth is the controller of personal information that is processed under this Privacy Notice. 
If you have any questions about our privacy practices or this Privacy Notice, or to exercise your rights as detailed in this Privacy Notice, please contact us at: hello@lingohealth.io.

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Terms of Service


Please read there terms


Privacy Policy


LingoHealth Inc. (“LingoHealth”, “we”, “us”, or “our”) cy Notice, or to exercise your rights as detailed in this Privacy Notice, please contact us at: hello@lingohealth.io.

繁體中文


Terms of Service


Please read these Terms of Service (the “Terms”) and our Privacy Notice (“Privacy Notice”) carefully because they govern your use of the services offered by LingoHealth, Inc. (“LingoHealth”) that allow users to view and share medical and health-related information, and to receive health-related messages, including the services made available via the LingoHealth mobile app (“App”) and/or any LingoHealth website (“Site”) and messages you may receive from us or send to us. To make these Terms easier to read, our App, Site and services, and related communications, are collectively called the “Services.”


Privacy Policy


LingoHealth Inc. (“LingoHealth”, “we”, “us”, or “our”) provides a service that helps individuals (each a “Caregiver”) assist other individuals (such as family members or friends) who are receiving care (each a “Care Recipient”) from one or more healthcare providers. This Privacy Notice is designed to help you understand how LingoHealth collects, uses, and shares your personal information and to help you understand and exercise your privacy rights.

简体中文


Terms of Service


Please read these Terms of Service (the “Terms”) and our Privacy Notice (“Privacy Notice”) carefully because they govern your use of the services offered by LingoHealth, Inc. (“LingoHealth”) that allow users to view and share medical and health-related information, and to receive health-related messages, including the services made available via the LingoHealth mobile app (“App”) and/or any LingoHealth website (“Site”) and messages you may receive from us or send to us. To make these Terms easier to read, our App, Site and services, and related communications, are collectively called the “Services.”


Privacy Policy


Please read these Terms of Service (the “Terms”) and our Privacy Notice (“Privacy Notice”) carefully because they govern your use of the services offered by LingoHealth, Inc. (“LingoHealth”) that allow users to view and share medical and health-related information, and to receive health-related messages, including the services made available via the LingoHealth mobile app (“App”) and/or any LingoHealth website (“Site”) and messages you may receive from us or send to us. To make these Terms easier to read, our App, Site and services, and related communications, are collectively called the “Services.”