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These Terms of Service (“Terms”) govern your access to and use of the services provided by Solv Health, Inc. (“Solv Health,” “we,” “us,” or “our”), including our mobile application and websites (collectively, the “Service”). These Terms include an agreement to arbitrate and a consent to electronic communications.
These Terms, together with our Privacy Policy (collectively, the “Agreement”), are the entire agreement between you and Solv Health regarding your use of the Service. By accessing or using the Service, you agree to be bound by this Agreement. If you do not agree, do not use the Service.
Privacy Policy. Our Privacy Policy describes how we collect, use, and share information from your use of the Service. By using the Service, you consent to the practices described in our Privacy Policy.
Changes to the Agreement. We may update this Agreement at any time. If we make material changes, we will notify you by posting a notice on the Service or by other reasonable means before the changes take effect. Your continued use of the Service after changes become effective constitutes your acceptance of the updated Agreement. Any dispute will be governed by the version of this Agreement in effect when the dispute arose.
We may add, modify, suspend, or discontinue any part of the Service at any time. Solv Health will not be liable for any such changes.
ARBITRATION NOTICE: THESE TERMS REQUIRE BINDING INDIVIDUAL ARBITRATION TO RESOLVE MOST DISPUTES BETWEEN YOU AND SOLV HEALTH, AS DESCRIBED IN SECTION 12 (“DISPUTE RESOLUTION”) BELOW. BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT: (1) YOU AND SOLV HEALTH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY; AND (2) YOU ARE WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS-WIDE ARBITRATION, OR REPRESENTATIVE PROCEEDING. PLEASE READ THE ARBITRATION SECTION CAREFULLY.
Limited License. Provided you comply with these Terms, Solv Health grants you a limited, revocable, nontransferable, nonassignable, nonsublicensable, nonexclusive license to access and use the Service in the United States solely for your own personal and noncommercial purposes.
Restrictions. You may download and print one copy of the Service’s visible content for your personal and noncommercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notices. You may not otherwise copy, reproduce, sell, publish, distribute, modify, reverse-engineer, or create derivative works of the Service without Solv Health’s prior written consent. You may not use the Service for unlawful purposes, access the Service through bots, scrapers, or other automated tools, or transmit any malicious code. You may not submit inaccurate information, commit fraud, or act against the business interests or reputation of Solv Health. You are responsible for complying with all applicable laws and regulations in connection with your use of the Service.
Intellectual Property. The Service and all content, software, technology, trademarks, and other materials available through the Service are the property of Solv Health or its licensors and are protected by copyright, trademark, and other intellectual property laws. Third-party marks and content appearing on the Service are the property of their respective owners. Except as expressly provided in these Terms, no rights or licenses are granted to you under any intellectual property rights of Solv Health.
Eligibility. You must be at least 18 years old to use the Service or create a Solv Health account. If you use the Service on behalf of a minor, you represent that you are the minor’s parent or legal guardian, and these Terms apply to you on behalf of yourself and the minor.
Account Creation. You may request appointments without creating an account, but certain features (such as saving your profile and personal health information) require one. To create an account, you must provide your mobile phone number. Solv Health will send you a one-time PIN via text message to log in; this PIN will serve as your password for that session. You may have the option to require a PIN for each subsequent login. You authorize your wireless carrier to share account or device information with Solv Health or its service providers to verify your identity and prevent fraud.
Your Responsibilities. You are responsible for keeping your login credentials and PINs confidential. You warrant that all information you provide is true, accurate, and complete, and that you have permission to submit any other person’s information through the Service. Solv Health may terminate your access at any time, in its sole discretion, for unauthorized use or breach of these Terms.
Messages from Solv Health. By using the Service, you agree to receive transactional and operational text messages and emails from Solv Health, including appointment reminders, waitlist updates, and account notifications. You may also choose to receive marketing and promotional messages; your consent to receive marketing messages is not required to use the Service or make a purchase. Message and data rates may apply. Message frequency varies. Reply HELP for help or STOP to cancel text messages. Wireless carriers are not liable for delayed or undelivered messages. For additional support, contact us at [email protected].
Messages from Healthcare Providers. Healthcare providers using the Service may contact you via text message or email for appointment reminders and general health, medication, or insurance information.
Opt-Out. You may stop receiving text messages at any time by replying “STOP” to any message, and marketing emails by clicking “unsubscribe.” Even if you opt out of marketing messages, you may still receive non-marketing messages related to your appointments or account.
Security of Electronic Communications. Text messages and emails may not be secure and may be subject to unauthorized access. You should not share personal health information via insecure text or email. Neither Solv Health nor healthcare providers using the Service are responsible for unauthorized access to information during transmission or after delivery. If you receive a message not intended for you, please delete it and reply “STOP” to any text messages.
Appointment Availability. You may use the Service to search for and request appointments with healthcare providers. Appointment availability and provider locations may change at any time without notice. Healthcare provider services may not be available in your area.
Telehealth. Solv Health is not a healthcare provider, insurance provider, or prescription fulfillment service. Our role is limited to facilitating your access to telehealth services provided by independent healthcare providers through the Service. Solv Health does not employ or control these providers and is not responsible for their acts, omissions, or the content of your communications with them.
What Telehealth Involves. Telehealth involves the delivery of health care services using electronic communications, including video, audio, chat, and the transmission of medical records, images, and other health information between you and a healthcare provider who is not in the same physical location.
Risks of Telehealth. Telehealth is not a substitute for in-person care in all cases. Risks include but are not limited to: insufficient information for appropriate diagnosis or treatment; delays caused by technology failures; adverse outcomes from lack of access to your medical history; and security failures resulting in unauthorized disclosure of health information.
Your Consent. By using any telehealth feature of the Service, you acknowledge that you understand the risks and benefits of telehealth and consent to its use in the delivery of healthcare services to you through the Service.
Solv Pay. Solv Health offers the option to make certain payments through the Service, including co-pay or self-pay amounts designated by your healthcare provider. By using Solv Pay, you agree that Solv Health or its payment processing service providers may charge the credit card you provide for the amounts designated at the time of purchase. Payment processing is provided through Stripe, Inc. and is subject to the Stripe Privacy Policy.
Insurance and Health Plan Information. As a convenience, we may offer you the ability to view certain health plan information, including deductibles, co-pays, and other terms, sourced from third parties. This information is not within Solv Health’s control, is subject to change, and Solv Health makes no representation regarding its completeness or accuracy. You should contact your health plan directly to confirm coverage. It is your sole responsibility to determine whether medical services accessed through the Service are covered by your insurance. Solv Health does not bill any insurer or health plan on your behalf. You are financially responsible for any medical services and products provided to you through the Service or its third-party partners.
Financial Relationships. Healthcare providers who offer appointment scheduling through the Service pay Solv Health a fee for that service related to administering such appointments. From time to time, the Service may also link to third-party partner websites that are co-branded with Solv Health. Solv Health may have financial arrangements with these partners, and where applicable, disclosures may be provided at the time of payment.
Posted Information. You may submit reviews and feedback regarding your experiences with healthcare providers, submit inquiries concerning possible medical needs, and participate in other interactive or community features of the Service (collectively, “Posted Information”). You are responsible for ensuring that your Posted Information complies with applicable laws. Do not include personal health information in your Posted Information. Any information you include in Posted Information may be publicly available, and Solv Health is not responsible for any personal health information you choose to disclose.
License Grant. By posting Posted Information, you grant Solv Health and its contractors an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, display, distribute, adapt, edit, translate, and create derivative works of your Posted Information, excluding any personal health information, which is not subject to this license.
Enforcement. Solv Health may, but is not obligated to, review Posted Information and take action against violations of these Terms, including removing content, terminating accounts, or blocking access to the Service.
The Service may contain links to websites or services not operated by Solv Health, including co-branded partner sites. These links are provided as a convenience. Solv Health does not control, endorse, or assume responsibility for the content, accuracy, privacy practices, or terms of any third-party website or service. We encourage you to review the terms of use and privacy policy of any third-party site you visit.
By Solv Health. Solv Health may terminate or suspend your access to the Service at any time, without notice, if you breach these Terms or act in a manner inconsistent with applicable law. Upon termination, Solv Health may delete your account and any associated content.
By You. You may terminate your account at any time by contacting us at [email protected].
Effect of Termination. Upon termination, your license to use the Service ends immediately, and you must cease all use of the Service. Any obligations that accrued prior to termination, including any payment obligations, survive termination.
Healthcare Services. Solv Health does not practice medicine or any other licensed profession and does not provide medical advice, diagnosis, or treatment, including emergency or urgent medical services. Content available through the Service should not be considered medical advice or an endorsement of any treatment or medication. Each healthcare professional accessible through the Service is independently responsible for his or her own services and compliance with applicable professional requirements. Solv Health is not liable for any professional advice you receive from a healthcare provider through the Service.
NO WARRANTY. THE SERVICE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOLV HEALTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOLV HEALTH DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
HIPAA and Provider Information. SOLV HEALTH IS NOT A HEALTHCARE PROVIDER OR A COVERED ENTITY UNDER HIPAA. TO THE EXTENT SOLV HEALTH PROCESSES PROTECTED HEALTH INFORMATION, IT WILL DO SO IN COMPLIANCE WITH APPLICABLE LAW AND ITS CONTRACTUAL OBLIGATIONS WITH HEALTHCARE PROVIDERS. SOLV HEALTH IS NOT RESPONSIBLE FOR HOW HEALTHCARE PROVIDERS RETAIN, SECURE, USE, OR DISCLOSE PROTECTED HEALTH INFORMATION.
Accuracy of Information. SOLV HEALTH AIMS TO PROVIDE ACCURATE INFORMATION ABOUT HEALTHCARE PROVIDERS AND INSURANCE BUT MAKES NO GUARANTEES ABOUT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. LISTING A HEALTHCARE PROVIDER ON THE SERVICE DOES NOT CONSTITUTE A RECOMMENDATION OR ENDORSEMENT BY SOLV HEALTH. PROVIDER RATINGS ARE BASED ON AGGREGATED PATIENT REVIEWS AND DO NOT REFLECT THE OPINIONS OF SOLV HEALTH.
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. NO ADVICE OR INFORMATION OBTAINED FROM SOLV HEALTH OR THROUGH THE SERVICE CREATES ANY WARRANTY.
Exclusion of Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, SOLV HEALTH, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE LEGAL THEORY AND EVEN IF SOLV HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Liability Cap. TO THE FULLEST EXTENT PERMITTED BY LAW, SOLV HEALTH’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE TOTAL FEES YOU PAID TO SOLV HEALTH IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
Jurisdictional Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, THE ABOVE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
RELEASE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” IF YOU ARE A RESIDENT OF ANOTHER JURISDICTION, YOU WAIVE ANY COMPARABLE STATUTE OR DOCTRINE.
You agree to indemnify, defend, and hold harmless Solv Health, its affiliates, and their respective directors, officers, employees, and agents from and against all claims, losses, liabilities, damages, expenses, and costs (including reasonable attorneys’ fees) arising out of or related to: (a) your use of or access to the Service; (b) your violation of these Terms or applicable law; or (c) your violation of any third-party right. Solv Health reserves the exclusive right to assume the defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense. This indemnification obligation does not apply to claims arising from Solv Health’s gross negligence or intentional misconduct.
Arbitration Agreement. You agree that any dispute, claim, or controversy arising out of or relating to this Agreement (collectively, “Disputes”) will be resolved by binding individual arbitration, except as provided below. The arbitrator, not a court, will determine the validity and scope of this arbitration clause. Either party may bring qualifying claims in small claims court instead of arbitration. Either party may seek injunctive relief in court for intellectual property violations without waiving the right to arbitrate other claims. This Agreement evidences a transaction involving interstate commerce. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation, enforcement, and proceedings under this Dispute Resolution section, including all questions as to whether a Dispute is subject to arbitration.
Class Action Waiver. All Disputes must be brought in your individual capacity only. You waive the right to participate in any class action, class-wide arbitration, or representative proceeding. The arbitrator may not conduct class, mass, or consolidated proceedings without written consent of both parties.
Pre-Arbitration Resolution. Before submitting any Dispute to arbitration, the parties will attempt to resolve it informally for at least 30 days, including one or more teleconference or videoconference meetings in good faith. Any applicable statute of limitations will be tolled while the parties engage in this informal resolution process.
Arbitration Process. Arbitration will be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures before a single arbitrator chosen by agreement of the parties, or by JAMS if the parties cannot agree within 30 days. The place of arbitration will be San Francisco, California, unless otherwise agreed by the parties or ordered by the arbitrator. The arbitrator’s decision will be final and binding. Delaware substantive law applies, without regard to conflict of law principles, except where preempted by the Federal Arbitration Act. Discovery is limited to requests for non-privileged documents relevant to the Dispute; other discovery mechanisms are not permitted unless the parties agree in writing. All arbitration proceedings, underlying facts, documents, and materials are confidential and may not be disclosed to third parties, except as necessary for court proceedings or as required by law. Arbitration proceedings must be initiated within one year after the Dispute arises, or the Dispute is permanently barred.
Arbitration Fees. Solv Health will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines that your claim is frivolous or brought for an improper purpose. Solv Health will consider a request to reimburse your filing fee upon a demonstration of financial hardship.
Mass Arbitration. If 25 or more similar Disputes are asserted against Solv Health by the same or coordinated counsel (“Mass Filing”), the following staged process applies, in addition to JAMS’s applicable rules for mass filings. In Stage One, counsel for each side will select 25 Disputes to proceed in individual arbitration. The remaining Disputes will not be filed or deemed filed, and no arbitration fees will be assessed, until they are selected to proceed. If the parties cannot resolve the remaining Disputes after Stage One, they will participate in a mediation session with a retired judge jointly selected by counsel, with Solv Health paying the mediator’s fee. After mediation, remaining Disputes will proceed in individual arbitration in additional stages of 50 Disputes per round, with mediation between each stage, until all Disputes are resolved. A court of competent jurisdiction may enforce this staging process, including by enjoining the filing or prosecution of arbitrations and the assessment of arbitration fees.
Opt-Out and Future Changes. You may opt out of this Dispute Resolution section by sending written notice to Solv Health, Inc., Attention: Legal Department, 1440 Broadway Ste. 200 #312, Oakland, CA 94612, postmarked within 30 days of first accepting these Terms. Your notice must include your name, address, the email address or phone number associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, the remaining provisions of these Terms continue to apply. If we make any future changes to this Dispute Resolution section (other than a change to our mailing or email address), you may reject the change by sending written notice to the same address, postmarked within 30 days of the change. By rejecting a future change, you agree to arbitrate Disputes under this version of the Dispute Resolution section.
Severability. If any provision of this Dispute Resolution section is found unenforceable, it may be severed and the remainder will continue in full force.
Notices. All notices to Solv Health must be in writing and sent to [email protected] or Solv Health, Inc., Attention: Legal Department, 1440 Broadway Ste. 200 #312, Oakland, CA 94612. Notices to you will be sent to the contact information associated with your account.
Contact Us. Questions about these Terms may be directed to [email protected] or Solv Health, Inc., Attention: Legal Department, 1440 Broadway Ste. 200 #312, Oakland, CA 94612.