Terms of Service
Last modified: April 2022
Modo Bio does not take responsibility for the accuracy, reliability, availability, effectiveness, or correct use of information received through the client’s wearable device.
Modo Bio does not provide the Clinical and Wellness Services. Clinical and Wellness Services are provided by independent, third-party providers (“Clinical and Wellness Providers”). Modo Bio provides technology, management and other non-medical services to the Clinical and Wellness Providers in order for the Clinical and Wellness Providers to use our Platform to provide you with telehealth consultations.
By requesting Clinical and Wellness Services, you agree that your relationship to such Clinical and Wellness Providers is independent of Modo Bio
THE SERVICES ARE NOT INTENDED FOR MEDICAL EMERGENCIES OR URGENT SITUATIONS. IF YOU BELIEVE YOU HAVE AN EMERGENCY, CALL 9-1-1 IMMEDIATELY.
Some of our Services will be available by “appointment basis,” which may require you to create an Account as well. These Services will be subject to the terms that are provided to you at the time you book the appointment.
Company reserves the right to terminate your Account or restrict or refuse access to your Account or the Services, or to delete any content posted through your Account, with or without notice, for any reason or no reason, and without any liability to you. If your Account is terminated or otherwise deactivated, whether by Company, yourself, or anyone else, your data will no longer be accessible through your Account, but that data may persist and appear within the Services. Nevertheless, Company has no obligation to retain any data associated with your Account following termination or deactivation of the Account.
The Services may contain general information related to medical conditions, research, testing, and treatment, and other health care topics. Any such information is provided for informational purposes only. The receipt of any such information does not create a professional relationship between you and Company. THE SERVICES SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR QUALIFIED MEDICAL ADVICE OR CONSULTATION WITH A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL. You should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment.
Telehealth Consultations and Consent to Treatment
Through your use of the Services, you may have the opportunity to consult with Clinical and Wellness Providers via telephonic or other electronic media (“Telehealth Consultations”). Telehealth Consultations are limited to non-emergency family medicine and wellness information and appointments and shall not include emergency services or specific medical specialties, including without limitation, prescribing any controlled substances.
You understand that there are inherent risks and limitations associated with a Telehealth Consultation (i.e., not an in-person visit) with a Clinical and Wellness Provider, including, but not limited to, risks and limitations arising from such Clinical and Wellness Provider’s ability, or inability, to comprehensively assess and accurately diagnose illness, injury, or disease using remote, electronic communications.
By creating an Account, or otherwise using the Clinical and Wellness Services, you give permission to the Clinical and Wellness Providers to provide you with medical and wellness care. You may withdraw this consent at any time by no longer seeking care from the Clinical and Wellness Providers or by providing notice to Company of such withdrawal. The Clinical and Wellness Providers have the right to refuse access to the Clinical and Wellness Services to any person at any time, for any reason, or for no reason at all.
Company is not responsible for the quality and appropriateness of the Clinical and Wellness Services or the care the Clinical and Wellness Providers render to you. The doctor-patient relationship (or other similar relationship between you and a medical or wellness professional) is between you and the Clinical and Wellness Provider. Your interactions with the Clinical and Wellness Providers via Telehealth Consultations are not intended to replace your relationship of your other health care practitioners or primary care physician.
Neither Company, nor any of its subsidiaries or affiliates or any third party who may promote the Clinical and Wellness Services, shall be liable for any professional advice obtained from a Clinical and Wellness Provider via Telehealth Consultation, or any information obtained on the Clinical and Wellness Services.
By creating an Account and accessing the Clinical and Wellness Services, you acknowledge that you understand the risks and benefits of telehealth, you have received adequate answers to any questions you have about the use of telehealth, and you consent to the use of telehealth in the delivery of health care services to you.
The Clinical and Wellness Providers operate subject to state and federal regulations related to Telehealth Consultations, and thus, Telehealth Consultations may not be available in your state or limited in scope. You represent that you are not a person barred from enrolling for and/or receiving Telehealth Consultations under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Telehealth Consultations is limited exclusively to users located in states within the United States where the Clinical and Wellness Services are available.
Neither Company, nor any Clinical and Wellness Provider shall bill any health plan, health insurance, or third party payor for Telehealth Consultations provided as part of the Clinical and Wellness Services. By agreeing to use the Clinical and Wellness Services, you acknowledge and agree that you will pay directly for any Clinical and Wellness Services, including Telehealth Consultations provided to you, and neither Company nor any Clinical and Wellness Provider will bill any insurance, including federal or state health care programs, for such Clinical and Wellness Services.
Company may charge a fee for any appointment that you book via the Services. Upon creating an Account, the App Store will charge a monthly subscription fee (the “Subscription Fee”) for access and use of the Platform and other Services pursuant to such App Store’s online terms of service, which can be found at https://www.apple.com/legal/internet-services/itunes/us/terms.html and https://play.google.com/intl/en-US_us/about/play-terms/index.html.
You agree to pay all charges at the prices then in effect for any use of the Services by you or other persons (including your agents). Company reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
Clinical and Wellness Providers write prescriptions in accordance with their license, independent professional judgment, and federal and state law. Prescriptions may be written only for the limited medical conditions. You will not be able to obtain a prescription product unless you have completed a consultation with a Clinical and Wellness Provider. There is no guarantee that a Clinical and Wellness Provider will write you a prescription. The Clinical and Wellness Providers do not write prescriptions for DEA controlled substances.
If a Clinical and Wellness Provider determines a prescription is appropriate for you and writes a prescription, you may fill the prescription at any pharmacy of your choice. Certain prescriptions can be filled through a mail-order pharmacy. Other prescriptions are not available through a mail-order pharmacy and must be filled by a local pharmacy of your choice. You will be prompted to state your choice of pharmacy during your use of the Services.
If you complete a consultation with a Clinical and Wellness Provider and fill a prescription through a mail-order pharmacy, the prescription product will be shipped to you by the applicable pharmacy. Mail-order pharmacies are third-parties, independent of Company.
For all prescriptions, you or your health insurance are responsible for the cost of the prescription product. If you fill a prescription with a pharmacy other than a mail-order pharmacy, Company will send the prescription to your selected pharmacy, but you will be responsible for picking up or otherwise obtaining the prescription product and paying the pharmacy directly for the cost of the prescription product.
User Conduct and Responsibilities
Additionally, you agree not to, without limitation:
- Use any content or information available on this Site or Services for any unauthorized purpose;
- Interfere with or damage this Site or servers or networks connected to this Site or disobey any requirements, procedures, policies, or regulations of networks connected to this Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, denial of service attacks, forged routing of electronic mail address information, or similar methods or technology;
- Upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
- Upload, post, e-mail, or otherwise transmit any materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
- Attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site or Services;
- Make any statements, express or implied, that you are endorsed by Company without our specific prior written consent;
- Infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including, but not limited to, such rights of third parties; or
You are solely responsible for your conduct and any data that you submit, post, transmit, or display on or through the Services. In addition, you agree not to, without limitation, upload, post, submit, publish, transmit, or display in connection with the Services, any information or material that:
- you do not own or do not have the right to post, including proprietary material of any third party;
- breaches any agreement with any other person or entity;
- violates any law or may be considered to violate any law; or
- threatens or abuses others, libels, defames, invades privacy, is false, discriminatory, hateful, harassing, or offensive, or otherwise injurious or objectionable.
You represent, warrant, and agree that you will comply with the above acceptable use requirements. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation.
You hereby grant to Company a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, fully transferable and sub-licensable right and license to use, reproduce, modify, adapt, reformat, publish, translate, create derivative works from, distribute, transmit, perform, and display all data, feedback, or other information submitted, posted, published, transmitted, or displayed on or via the Services, and to incorporate such data in other works in any form, media, or technology now known or later developed. Company shall have no obligation of any kind with respect to any such data that you submit, post, publish, display, or transmit via the Services. You represent and warrant that you have proper authority to grant this license.
The Site and Services may contain text, images, software, photographs, video, graphics, audio, features, data, designs, computer programs, source and object code, documentation, databases, logos, domain names, trade names, and similar content (collectively, “Company Materials”). Unless otherwise expressly identified, Company Materials are owned by us or by our third-party licensors.
Company Materials may be protected by United States and international copyright, trademark, patient, trade secret and other laws. As between you and Company, Company owns and retains all rights in the Company Materials and the Services. You may use and download Company Materials solely for your personal use, provided you keep intact all copyright and other proprietary notices.
Linking and Third Parties
The Services or communications you receive from the Services may contain links to third-party websites, applications, or features (together, the “Third Party Services”). In addition, some of the Services may permit interactions between the Services and Third Party Services. Company does not control any of these Third Party Services or any of their content. The inclusion of any link to Third Party Services does not necessarily imply Company’s endorsement of or affiliation with that third party.
You acknowledge and agree that Company has no responsibility or liability for any such Third Party Services. Your correspondence and dealings with third parties found through the Services are solely between you and the third party. By using such Third Party Services, you acknowledge and agree that: (i) if you use the Third Party Services to share information, you consent to information about your profile on the Services being shared; (ii) your use of Third Party Services may cause personal information to be publicly disclosed and/or associated with you, even if Company itself has not provided such information; and (iii) your use of Third Party Services is at your own option and risk, and you will hold the Company Parties (defined below) harmless for activity related to the Third Party Services.
YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, DAMAGE RESULTING FROM RELIANCE ON THE SERVICES, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE SERVICES INCLUDING COMPUTER VIRUSES) EVEN IF COMPANY HAS BEEN ADVISED OF OR IS AWARE OF THE RISK OF SUCH DAMAGE. TO THE EXTENT PERMITTED BY LAW, COMPANY , ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS (COLLECTIVELY, THE “COMPANY PARTIES”) PROVIDE THE SERVICES, INCLUDING WITHOUT LIMITATION, THE COMPANY MATERIALS, “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUSES.
NO INFORMATION PROVIDED VIA THE SERVICES, OR BY THE COMPANY PARTIES, SHALL CREATE ANY WARRANTY.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION, COVENANT, OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED: i) AS TO THE VALUE, QUALITY, TIMELINESS, USEFULNESS, RELIABILITY, SECURITY, SUITABILITY, ACCURACY, TRUTHFULNESS, OR COMPLETENESS OF THE SERVICES OR THE COMPANY MATERIALS; ii) THAT THE SERVICES WILL OPERATE UNINTERRUPTED OR ERROR-FREE; iii) THAT THE SERVICES OR THE COMPANY MATERIALS WILL MEET YOUR NEEDS OR EXPECTATIONS; iv) AS TO THE QUALITY OR VALUE OF ANY OF COMPANY’S PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN VIA THE SERVICES; v) AS TO THE AVAILABILITY OF ELECTRONIC OR TELECOMMUNICATION SERVICES AND ACCESS TO THE ELECTRONIC OR TELECOMMUNICATION SERVICES AT ANY TIME OR FROM ANY LOCATION, ANY LOSS, AND ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS, OR SETTINGS CONNECTED WITH THE ELECTRONIC OR TELECOMMUNICATION SERVICES; OR vi) THAT ANY ERRORS PERTAINING TO THE SERVICES WILL BE CORRECTED.
Limitation on Liability
UNDER NO CIRCUMSTANCES WILL THE COMPANY PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) THE COMPANY MATERIALS; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES; (D) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICES; (E) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (F) ANY ERRORS OR OMISSIONS IN THE OPERATION OF THE SERVICES; OR (G) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE).
IN NO EVENT WILL THE COMPANY PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE COMPANY PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICES DURING THE TERM OF YOUR SUBSCRIPTION.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE COMPANY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE COMPANY PARTIES.
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Company reserves the right, at any time, in Company’s sole and exclusive discretion, to amend, modify, suspend, or terminate the Services, Company Materials, or any part thereof, and/or your use of or access to them, with or without notice. Company shall have no liability to you or any other person or entity for any modification, suspension, or termination, or any loss of related information.
You further acknowledge that the Internet may be subject to security breaches, and as such, submission of your data or other information may not be secure. You agree to accept sole and exclusive responsibility (as between Company and you) for adequate protection of your data and/or devices and equipment used in connection with the Services. You are solely responsible for your interactions with other users of the Services, whether online or offline. You agree that the Company Parties have no responsibility or liability whatsoever for the conduct of any user.
You may only bring claims in your individual capacity on your own behalf, and not in any representative capacity or on behalf of any class or purported class, and no arbitration you commence hereunder may be joined with or include any claims by any other persons. Each party shall be exclusively responsible for paying its own arbitration filing fees, which may later be allocated by the arbitrator as set forth below.
The arbitrator shall issue a reasoned award and, subject to the limitation of liability set forth above, shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance, and any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award. Nothing herein, however, shall authorize the arbitrator to act as amiable compositeurs, to proceed ex aequo et bono, or to exercise rights of jura novit curia. Each party hereto retains the right to seek interim measures from a judicial authority, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The arbitrator shall award the prevailing party, if any as determined by the arbitrator, its reasonable costs, including reasonable attorney’s fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction.
No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law. Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than a witness or expert), except as may be required by law. Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed to the extent permitted by law.
Time Limitation on Claims
YOU AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO YOUR RELATIONSHIP WITH COMPANY MUST BE BROUGHT WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, YOUR CLAIM WILL BE PERMANENTLY BARRED.
Service Use Termination
You may terminate your use of the Services at any time. If you wish to terminate your access to the Platform and/or Services, you can do so by contacting us via email at firstname.lastname@example.org If you wish to terminate your Account with the App Store, you must follow the cancellation process pursuant to such App Store’s terms of service, which can be found at https://www.apple.com/legal/internet-services/itunes/us/terms.html and https://play.google.com/intl/en-US_us/about/play-terms/index.html. If you terminate your Account, your subscription to the Platform will remain active until the end of your then-current subscription period.
Consent to Communications
No Third-Party Rights
No Waiver, Assignment Rights
If any provision of these Terms is held invalid, illegal, or unenforceable under any applicable statute or rule of law, it is, to the extent necessary, deemed modified in order to comply with applicable law, and the remaining provisions shall not be affected in any way.
Modo Bio LLC
14275 N 87th Street, Suite 115
Scottsdale, AZ 85260