Terms & Conditions
Terms & Conditions
Effective Date: Jan 5, 2026
Effective Date: Jan 5, 2026
Effective Date: Jan 5, 2026
Welcome to the Arima Health mobile and web applications (each, an “Application”). Arima Health Technology, Inc. (“Arima Health,” the “Company,” “we,” “our,” or “us”) provides the Applications for your personal use. Use of the Applications and our website at www.arimahealth.com (collectively, the “Services”) is governed by these Terms & Conditions of Use (the “Agreement”).
Although accessible by others, the Services (including content) are intended for access and use only by customers located in the United States. Please read this Agreement carefully before accessing or using the Services.
GENERAL TERMS AND CONDITIONS
By accessing or using the Services, you agree to be bound by this Agreement and any additional terms that may apply to specific features of the Services or to products or services made available through the Services, all of which are incorporated into this Agreement by reference.
If you do not agree to any of the terms and conditions, do not access the Applications or use the Services.
Your use of the Services is also subject to our Privacy Policy. Please review it carefully so you understand what information we collect, how we use it, how we secure it, and when we may share it.
CHANGES TO THIS AGREEMENT
We may change or replace this Agreement at any time, in our discretion. We will post updated Terms & Conditions in the Applications and will update the “Last Updated” date to reflect changes.
You agree to review these Terms & Conditions each time you use the Services. If you disagree with any changes, you must stop using the Services. Continued access or use after changes are posted constitutes acceptance of the Agreement, as modified.
WHAT SERVICES DOES ARIMA HEALTH PROVIDE?
Arima Health provides a platform for you to connect with health care providers, health and wellness professionals, and other Arima community members. The platform is also designed to provide informational and educational materials, including regarding sleep health.
For the avoidance of doubt, the capitalized term “Services” refers only to the Applications, website, and related content and does not refer to telehealth and/or in-person consultations or treatment you may receive from a health care provider.
No content on the website or Applications should be considered medical advice or an endorsement, representation, or warranty that any medication or treatment is safe, appropriate, or effective for you.
PRIVACY
Your use of the Services is subject to our Privacy Policy. Please review it carefully so you understand what information we collect through the Services, how we use it, how we secure it, and when we may share it.
HOW TO USE THE APPLICATION
To use the Application via a web browser, you (or your legal representative) may be required to provide certain information, such as your name, address, and date of birth.
To download and use the Application on your computer or mobile device, you must register with Arima Health and provide required information, which may include your name, address, date of birth, payment information, and the name of your primary care provider (if any). Upon successful registration, you will receive a personal account secured by a password.
By using the Application(s) and Services, you affirm that you are of legal age to enter into this Agreement or, if you are not, a parent or guardian has provided consent on your behalf.
Each Application may identify you to health care professionals who have licensed an Arima provider-facing application (“Health Care Provider”) and have engaged Arima Health for administrative, scheduling, and other operational services. If a Health Care Provider agrees to provide you with health care services, the Application may schedule those services and may bill you on behalf of the Provider. We make no representation or warranty that any Health Care Provider will be available to provide services.
NO PRACTICE OF MEDICINE; MEDICAL DISCLAIMERS
Corporate Structure & Medical Disclaimer
Arima Health Technology, Inc. (“Arima,” “we,” or “us”) is a management services organization (“MSO”) that provides non-clinical administrative, management, and technology services.
Medical services are provided by Arima Health, P.C. and its associated medical group entities (collectively, the “Medical Groups”), which employ or contract with licensed health care professionals.
No Practice of Medicine
Arima Health Technology, Inc. does not practice medicine, does not provide medical services, and is not a licensed health care provider.
All medical services are provided exclusively by Arima Health, P.C. and associated medical group entities and their licensed clinicians, who exercise independent medical judgment in diagnosing, treating, and caring for patients.
Clinical Independence
Arima Health Technology, Inc. does not interfere with, direct, or control the practice of medicine or the clinical decision-making of any health care professional. All clinicians are solely responsible for:
Medical judgment
Patient care
Compliance with applicable medical, ethical, and professional standards
Scheduling & Technology Services
This website and related technology are operated by Arima Health Technology, Inc. to provide administrative and technology services, including patient intake, scheduling, and practice management support on behalf of Arima Health, P.C. and associated medical group entities.
Your treatment relationship is exclusively with the applicable Medical Group and its clinicians, not with Arima Health Technology, Inc.
YOUR USE OF THE SERVICES
You represent and warrant that information you provide (or that is provided on your behalf) is accurate and complete. We may verify information at any time and may deny, suspend, or terminate your use of the Services at any time for any reason or no reason.
You may access the Services only through authorized means. It is your responsibility to ensure you download and use the correct Application for your device. We are not liable if you do not have a compatible device or if you download the wrong version.
By accessing or using the Services, you agree that:
You will use the Services solely for personal use and will not resell them.
You will not copy or distribute the Services or Services content.
You will not upload or transmit content that infringes or violates the rights of any party.
You will not use the Services in violation of any local, state, federal, or international law.
You will not use the Services to distribute advertising or other unsolicited material.
You will not impersonate another person.
You will not post unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing material (as determined by us in our sole discretion).
You will comply with applicable third-party terms when using the Services (e.g., wireless data service terms).
You will ensure no unauthorized person has access to your device or your Arima passwords/accounts.
You will promptly notify us if your Arima passwords/accounts are compromised.
You will not assign or transfer your account.
You will not attempt to harm the Services or impair the network or operations in any way.
You will provide proof of identity if we reasonably request it.
You are responsible for use of the Services by any authorized representative acting on your behalf. We may immediately terminate your access if you fail to comply with these rules.
USER-PROVIDED CONTENT
Arima Health acts as a passive conduit for the distribution of User-Provided Content and is not responsible or liable to you or any third party for the content or accuracy of User-Provided Content.
“User-Provided Content” includes information, feedback, text, videos, images, or other content related to you, your health, or your experiences/interactions with the Applications, whether provided by you, a third party authorized by you, or by a Health Care Provider through a provider-facing Arima application.
We have no obligation to monitor areas of the Services where User-Provided Content may be posted. However, we reserve the right, in our sole discretion, to screen, edit, move, delete, or refuse User-Provided Content that violates this Agreement or is otherwise unacceptable or inappropriate.
Any use of User-Provided Content by you is at your own risk. You represent and warrant that User-Provided Content you post or transmit is original to you (or you have the right to use it), does not infringe third-party rights, and does not contain defamatory or disparaging statements. You also represent and warrant that you have the right to grant the license necessary for Arima Health to operate the Services.
You agree to indemnify and hold harmless Arima Health, its affiliates, and each of their directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors, and assigns from all losses, expenses, damages, and costs (including reasonable attorneys’ fees) arising out of User-Provided Content posted or transmitted through the Services by you or by others using your account.
PAYMENT AND FEES
We reserve the right to require payment for the Services or certain features of the Services. Rates for telephonic, virtual, or in-person consultation services provided by health care professionals or wellness professionals may be made available through our website and/or the Applications and may be modified at any time. You are responsible for remaining informed about current rates.
We do not process insurance claims, and health care professionals are not obligated to process claims on your behalf. Coverage is determined solely by your health plan. You are responsible for the full fee (including paying in advance where required) regardless of whether you later receive reimbursement.
INTELLECTUAL PROPERTY OWNERSHIP
Arima Health (and its licensors, where applicable) owns all right, title, and interest in and to the Services, including all intellectual property rights, and any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or others relating to the Services.
This Agreement does not constitute a sale and does not convey to you any ownership rights in or related to the Services or Arima Health intellectual property. “Arima Health” and associated logos/product names are trademarks of Arima Health and/or its affiliates or licensors. No right or license is granted to use them.
You may download and reprint a single copy of materials from the Services for your personal, noncommercial use only, provided you keep intact all credits and copyright and other proprietary notices. Any other use is prohibited without prior written permission.
APPLICATION LICENSE
Subject to your compliance with this Agreement, Arima Health grants you a limited, non-exclusive, non-transferable license to:
Download and install a copy of the Application on device(s) you own or control and run it solely for your personal use; or
Access the Services solely for your personal use via a web browser.
You shall not:
License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit the Applications or make them available to any third party.
Modify or create derivative works based on the Applications.
Reverse engineer or access the Applications to build a competitive product/service or copy features, functions, or graphics.
Launch automated programs/scripts (including bots, spiders, crawlers, viruses, or worms) that make multiple server requests per second or unduly burden the Services.
DISCLAIMER OF WARRANTIES
THE SERVICES AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. ANY ACCESS TO OR USE OF THE SERVICES IS VOLUNTARY AND AT THE SOLE RISK OF THE USER.
THE SERVICES ARE DESIGNED TO FACILITATE CONNECTIONS BETWEEN YOU AND HEALTH CARE PROVIDERS. NOTHING IN THE SERVICES IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ANY INFORMATION IN THE SERVICES SHOULD NOT BE RELIED UPON AS THE BASIS FOR ANY HEALTH CARE DECISION.
WE DO NOT CONTROL, SUPPLY, ENDORSE, WARRANT, OR GUARANTEE ANY INFORMATION, PRODUCTS, SERVICES, OR MERCHANDISE SUPPLIED BY ANY HEALTH CARE PROVIDER OR OTHER PROFESSIONAL YOU MAY CONNECT WITH VIA THE SERVICES.
WE DO NOT WARRANT THAT DOWNLOADABLE FILES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE.
WE AND OUR SERVICE PROVIDERS DO NOT GUARANTEE OR WARRANT AGAINST ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS, OR LOSSES, INCLUDING LOSS OF DATA. YOU ARE RESPONSIBLE FOR MAINTAINING A MEANS EXTERNAL TO THE SERVICES FOR RECONSTRUCTION OF ANY LOST DATA.
WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES (INCLUDING TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE) WITH RESPECT TO THE SERVICES AND ANY INFORMATION, PRODUCT, SERVICE, OR MATERIAL PROVIDED ON OR THROUGH THE SERVICES. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICES.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ARIMA HEALTH BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES.
THIS INCLUDES, WITHOUT LIMITATION, DAMAGES ARISING FROM INFORMATION OR DATA MADE AVAILABLE THROUGH THE SERVICES OR SERVICES PERFORMED BY ANY HEALTH CARE PROVIDERS YOU CONNECT WITH VIA THE SERVICES (INCLUDING CLAIMS OF MEDICAL MALPRACTICE AGAINST THOSE HEALTH CARE PROVIDERS), EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF THIS LIMITATION IS HELD UNENFORCEABLE, THEN ARIMA HEALTH’S MAXIMUM LIABILITY FOR ALL CLAIMS OF EVERY KIND SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00). THIS LIMITATION COVERS, WITHOUT LIMITATION, TECHNICAL MALFUNCTIONS, COMPUTER ERRORS, LOSS OF DATA, AND OTHER INJURY ARISING FROM USE OF THE SERVICES.
INDEMNIFICATION
You agree to indemnify and hold harmless Arima Health, its affiliates, and each of their directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors, and assigns from all losses, expenses, damages, and costs (including reasonable attorneys’ fees) arising out of your use of the Services, your violation of this Agreement, or your violation of any rights of another.
We reserve the right to control the defense of any claim for which we are entitled to indemnification. You agree to cooperate as reasonably requested.
MODIFICATION OR DISCONTINUATION OF THE SERVICES
We may modify or discontinue the Services (in whole or in part), temporarily or permanently, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) POLICY
The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
If you believe in good faith that materials appearing through the Services infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access blocked. If you believe a notice has been wrongly filed against you, you may send us a counter-notice.
Notices and counter-notices must meet the statutory requirements of the DMCA (17 U.S.C. § 512). Arima Health Technology, Inc. has designated an agent to receive notifications of alleged copyright infringement.
Any notification of claimed infringement should be provided by email to:
MISCELLANEOUS; GOVERNING LAW; ARBITRATION
This Agreement constitutes the entire agreement between you and us regarding the subject matter and supersedes all prior and contemporaneous agreements, proposals, and communications, whether written or oral.
You may be subject to additional terms when you use third-party products or services made available through the Services. If there is a conflict between third-party terms and this Agreement, this Agreement governs.
This Agreement will be governed by and construed in accordance with the laws of the State of [State], without regard to conflicts of law provisions.
Any dispute arising under or relating to this Agreement will be resolved exclusively by final and binding arbitration in [City, State] under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights or seek temporary or preliminary injunctive relief in a court of competent jurisdiction.
This Agreement is personal to you and may not be assigned.
If any provision is unlawful, void, or unenforceable, it will be severed to the minimum extent necessary and the remaining provisions will continue in full force and effect.
This Agreement is not intended to benefit any third party and does not create any third-party beneficiaries.
Any claim or cause of action arising out of or related to the Services or this Agreement must be filed within one (1) year after the claim arose or be forever barred.
Provisions that by their nature should survive termination will survive, including ownership, indemnification, limitation of liability, and dispute resolution.
EMERGENCIES
THE COMPANY DOES NOT PROVIDE EMERGENCY CARE. IF YOU THINK YOU ARE FACING AN EMERGENCY, DO NOT RELY ON THE COMPANY FOR HELP. IMMEDIATELY CALL 911 OR GO TO YOUR NEAREST EMERGENCY ROOM.
CONTACTING US
If you have questions or comments about these Terms & Conditions, the Applications, or the Services, please contact us at:
contact@arimahealth.com
AGREEMENT TO SERVICE
I ACKNOWLEDGE THAT ALL OF MY QUESTIONS HAVE BEEN ANSWERED TO MY SATISFACTION.
I ACKNOWLEDGE THAT I HAVE READ THESE TERMS & CONDITIONS AND THAT I AGREE TO ALL OF THE PROVISIONS CONTAINED HEREIN.
No waiver by the Company of any term or condition set forth in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of the Company to assert a right or provision under these Terms & Conditions shall not constitute a waiver.
If any provision is held invalid, illegal, or unenforceable, such provision shall be eliminated or limited to the minimum extent necessary so the remaining provisions continue in full force and effect.
Communications Terms & Conditions
We may send messages to you on your wireless device (“Text Messaging”) and/or emails to your preferred email address.
You understand that while we take privacy and security seriously, transmission of information over the internet and mobile networks is not 100% secure. Text messages and emails sent to or received from us are not encrypted and may be intercepted by third parties. If you choose to send or receive information about your health by text message or email, you do so at your own risk. By providing your phone number, you consent to sending and receiving unencrypted text messages. By providing your email, you consent to receiving unencrypted email messages.
By joining the Text Messaging program, you provide prior express written consent to receive Text Messaging (including promotional messages) from us or our agents at the phone number you provide, using automated or non-automated technology and/or prerecorded messages, even if your number is listed on federal or state “do not call” registries. You are not required to agree to receive promotional text messages to purchase goods or services. Message and data rates may apply.
You represent that you are the owner or authorized user of the device used to sign up for Text Messaging and that you are authorized to approve applicable charges. You may not consent on behalf of someone else. You must be 18 years of age or older and reside in the United States to use Text Messaging.
You must register and provide required Personal Information (such as your name and mobile phone number). We and our service providers may receive and store data about text messages exchanged, including date/time, your phone number, and content. We use information obtained in connection with Text Messaging in accordance with our Privacy Policy.
We may send an initial message confirming receipt of your opt-in. After that, you will receive recurring text messages and the volume may vary.
To opt out of promotional Text Messaging at any time, you must text “STOP” in response to any such text message. You agree that texting “STOP” is the only reasonable method of opting out. Other methods (including texting other words or verbally requesting removal) are not reasonable means of opting out. We may send a confirmation of your opt-out. If you opt out of promotional messages, we may still contact you about transactions and service-related communications.
If you change or deactivate your mobile number, it is your responsibility to notify us at the contact point provided in the “Contacting Us” section or as otherwise instructed in our messages so your number can be removed.
You agree to enter into, sign, and receive this consent electronically. You may print or download these terms to retain a copy. You may withdraw consent electronically by emailing contact@arimahealth.com. For a free paper copy, or to update our records of your contact information, email contact@arimahealth.com with your contact information and delivery address.
Mobile access is required for Text Messaging. Text messages are not available on all carriers and devices. Carrier availability may change at any time. Arima Health and mobile carriers will not be liable for delayed or undelivered messages.
Welcome to the Arima Health mobile and web applications (each, an “Application”). Arima Health Technology, Inc. (“Arima Health,” the “Company,” “we,” “our,” or “us”) provides the Applications for your personal use. Use of the Applications and our website at www.arimahealth.com (collectively, the “Services”) is governed by these Terms & Conditions of Use (the “Agreement”).
Although accessible by others, the Services (including content) are intended for access and use only by customers located in the United States. Please read this Agreement carefully before accessing or using the Services.
GENERAL TERMS AND CONDITIONS
By accessing or using the Services, you agree to be bound by this Agreement and any additional terms that may apply to specific features of the Services or to products or services made available through the Services, all of which are incorporated into this Agreement by reference.
If you do not agree to any of the terms and conditions, do not access the Applications or use the Services.
Your use of the Services is also subject to our Privacy Policy. Please review it carefully so you understand what information we collect, how we use it, how we secure it, and when we may share it.
CHANGES TO THIS AGREEMENT
We may change or replace this Agreement at any time, in our discretion. We will post updated Terms & Conditions in the Applications and will update the “Last Updated” date to reflect changes.
You agree to review these Terms & Conditions each time you use the Services. If you disagree with any changes, you must stop using the Services. Continued access or use after changes are posted constitutes acceptance of the Agreement, as modified.
WHAT SERVICES DOES ARIMA HEALTH PROVIDE?
Arima Health provides a platform for you to connect with health care providers, health and wellness professionals, and other Arima community members. The platform is also designed to provide informational and educational materials, including regarding sleep health.
For the avoidance of doubt, the capitalized term “Services” refers only to the Applications, website, and related content and does not refer to telehealth and/or in-person consultations or treatment you may receive from a health care provider.
No content on the website or Applications should be considered medical advice or an endorsement, representation, or warranty that any medication or treatment is safe, appropriate, or effective for you.
PRIVACY
Your use of the Services is subject to our Privacy Policy. Please review it carefully so you understand what information we collect through the Services, how we use it, how we secure it, and when we may share it.
HOW TO USE THE APPLICATION
To use the Application via a web browser, you (or your legal representative) may be required to provide certain information, such as your name, address, and date of birth.
To download and use the Application on your computer or mobile device, you must register with Arima Health and provide required information, which may include your name, address, date of birth, payment information, and the name of your primary care provider (if any). Upon successful registration, you will receive a personal account secured by a password.
By using the Application(s) and Services, you affirm that you are of legal age to enter into this Agreement or, if you are not, a parent or guardian has provided consent on your behalf.
Each Application may identify you to health care professionals who have licensed an Arima provider-facing application (“Health Care Provider”) and have engaged Arima Health for administrative, scheduling, and other operational services. If a Health Care Provider agrees to provide you with health care services, the Application may schedule those services and may bill you on behalf of the Provider. We make no representation or warranty that any Health Care Provider will be available to provide services.
NO PRACTICE OF MEDICINE; MEDICAL DISCLAIMERS
Corporate Structure & Medical Disclaimer
Arima Health Technology, Inc. (“Arima,” “we,” or “us”) is a management services organization (“MSO”) that provides non-clinical administrative, management, and technology services.
Medical services are provided by Arima Health, P.C. and its associated medical group entities (collectively, the “Medical Groups”), which employ or contract with licensed health care professionals.
No Practice of Medicine
Arima Health Technology, Inc. does not practice medicine, does not provide medical services, and is not a licensed health care provider.
All medical services are provided exclusively by Arima Health, P.C. and associated medical group entities and their licensed clinicians, who exercise independent medical judgment in diagnosing, treating, and caring for patients.
Clinical Independence
Arima Health Technology, Inc. does not interfere with, direct, or control the practice of medicine or the clinical decision-making of any health care professional. All clinicians are solely responsible for:
Medical judgment
Patient care
Compliance with applicable medical, ethical, and professional standards
Scheduling & Technology Services
This website and related technology are operated by Arima Health Technology, Inc. to provide administrative and technology services, including patient intake, scheduling, and practice management support on behalf of Arima Health, P.C. and associated medical group entities.
Your treatment relationship is exclusively with the applicable Medical Group and its clinicians, not with Arima Health Technology, Inc.
YOUR USE OF THE SERVICES
You represent and warrant that information you provide (or that is provided on your behalf) is accurate and complete. We may verify information at any time and may deny, suspend, or terminate your use of the Services at any time for any reason or no reason.
You may access the Services only through authorized means. It is your responsibility to ensure you download and use the correct Application for your device. We are not liable if you do not have a compatible device or if you download the wrong version.
By accessing or using the Services, you agree that:
You will use the Services solely for personal use and will not resell them.
You will not copy or distribute the Services or Services content.
You will not upload or transmit content that infringes or violates the rights of any party.
You will not use the Services in violation of any local, state, federal, or international law.
You will not use the Services to distribute advertising or other unsolicited material.
You will not impersonate another person.
You will not post unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing material (as determined by us in our sole discretion).
You will comply with applicable third-party terms when using the Services (e.g., wireless data service terms).
You will ensure no unauthorized person has access to your device or your Arima passwords/accounts.
You will promptly notify us if your Arima passwords/accounts are compromised.
You will not assign or transfer your account.
You will not attempt to harm the Services or impair the network or operations in any way.
You will provide proof of identity if we reasonably request it.
You are responsible for use of the Services by any authorized representative acting on your behalf. We may immediately terminate your access if you fail to comply with these rules.
USER-PROVIDED CONTENT
Arima Health acts as a passive conduit for the distribution of User-Provided Content and is not responsible or liable to you or any third party for the content or accuracy of User-Provided Content.
“User-Provided Content” includes information, feedback, text, videos, images, or other content related to you, your health, or your experiences/interactions with the Applications, whether provided by you, a third party authorized by you, or by a Health Care Provider through a provider-facing Arima application.
We have no obligation to monitor areas of the Services where User-Provided Content may be posted. However, we reserve the right, in our sole discretion, to screen, edit, move, delete, or refuse User-Provided Content that violates this Agreement or is otherwise unacceptable or inappropriate.
Any use of User-Provided Content by you is at your own risk. You represent and warrant that User-Provided Content you post or transmit is original to you (or you have the right to use it), does not infringe third-party rights, and does not contain defamatory or disparaging statements. You also represent and warrant that you have the right to grant the license necessary for Arima Health to operate the Services.
You agree to indemnify and hold harmless Arima Health, its affiliates, and each of their directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors, and assigns from all losses, expenses, damages, and costs (including reasonable attorneys’ fees) arising out of User-Provided Content posted or transmitted through the Services by you or by others using your account.
PAYMENT AND FEES
We reserve the right to require payment for the Services or certain features of the Services. Rates for telephonic, virtual, or in-person consultation services provided by health care professionals or wellness professionals may be made available through our website and/or the Applications and may be modified at any time. You are responsible for remaining informed about current rates.
We do not process insurance claims, and health care professionals are not obligated to process claims on your behalf. Coverage is determined solely by your health plan. You are responsible for the full fee (including paying in advance where required) regardless of whether you later receive reimbursement.
INTELLECTUAL PROPERTY OWNERSHIP
Arima Health (and its licensors, where applicable) owns all right, title, and interest in and to the Services, including all intellectual property rights, and any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or others relating to the Services.
This Agreement does not constitute a sale and does not convey to you any ownership rights in or related to the Services or Arima Health intellectual property. “Arima Health” and associated logos/product names are trademarks of Arima Health and/or its affiliates or licensors. No right or license is granted to use them.
You may download and reprint a single copy of materials from the Services for your personal, noncommercial use only, provided you keep intact all credits and copyright and other proprietary notices. Any other use is prohibited without prior written permission.
APPLICATION LICENSE
Subject to your compliance with this Agreement, Arima Health grants you a limited, non-exclusive, non-transferable license to:
Download and install a copy of the Application on device(s) you own or control and run it solely for your personal use; or
Access the Services solely for your personal use via a web browser.
You shall not:
License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit the Applications or make them available to any third party.
Modify or create derivative works based on the Applications.
Reverse engineer or access the Applications to build a competitive product/service or copy features, functions, or graphics.
Launch automated programs/scripts (including bots, spiders, crawlers, viruses, or worms) that make multiple server requests per second or unduly burden the Services.
DISCLAIMER OF WARRANTIES
THE SERVICES AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. ANY ACCESS TO OR USE OF THE SERVICES IS VOLUNTARY AND AT THE SOLE RISK OF THE USER.
THE SERVICES ARE DESIGNED TO FACILITATE CONNECTIONS BETWEEN YOU AND HEALTH CARE PROVIDERS. NOTHING IN THE SERVICES IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ANY INFORMATION IN THE SERVICES SHOULD NOT BE RELIED UPON AS THE BASIS FOR ANY HEALTH CARE DECISION.
WE DO NOT CONTROL, SUPPLY, ENDORSE, WARRANT, OR GUARANTEE ANY INFORMATION, PRODUCTS, SERVICES, OR MERCHANDISE SUPPLIED BY ANY HEALTH CARE PROVIDER OR OTHER PROFESSIONAL YOU MAY CONNECT WITH VIA THE SERVICES.
WE DO NOT WARRANT THAT DOWNLOADABLE FILES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE.
WE AND OUR SERVICE PROVIDERS DO NOT GUARANTEE OR WARRANT AGAINST ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS, OR LOSSES, INCLUDING LOSS OF DATA. YOU ARE RESPONSIBLE FOR MAINTAINING A MEANS EXTERNAL TO THE SERVICES FOR RECONSTRUCTION OF ANY LOST DATA.
WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES (INCLUDING TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE) WITH RESPECT TO THE SERVICES AND ANY INFORMATION, PRODUCT, SERVICE, OR MATERIAL PROVIDED ON OR THROUGH THE SERVICES. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICES.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ARIMA HEALTH BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES.
THIS INCLUDES, WITHOUT LIMITATION, DAMAGES ARISING FROM INFORMATION OR DATA MADE AVAILABLE THROUGH THE SERVICES OR SERVICES PERFORMED BY ANY HEALTH CARE PROVIDERS YOU CONNECT WITH VIA THE SERVICES (INCLUDING CLAIMS OF MEDICAL MALPRACTICE AGAINST THOSE HEALTH CARE PROVIDERS), EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF THIS LIMITATION IS HELD UNENFORCEABLE, THEN ARIMA HEALTH’S MAXIMUM LIABILITY FOR ALL CLAIMS OF EVERY KIND SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00). THIS LIMITATION COVERS, WITHOUT LIMITATION, TECHNICAL MALFUNCTIONS, COMPUTER ERRORS, LOSS OF DATA, AND OTHER INJURY ARISING FROM USE OF THE SERVICES.
INDEMNIFICATION
You agree to indemnify and hold harmless Arima Health, its affiliates, and each of their directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors, and assigns from all losses, expenses, damages, and costs (including reasonable attorneys’ fees) arising out of your use of the Services, your violation of this Agreement, or your violation of any rights of another.
We reserve the right to control the defense of any claim for which we are entitled to indemnification. You agree to cooperate as reasonably requested.
MODIFICATION OR DISCONTINUATION OF THE SERVICES
We may modify or discontinue the Services (in whole or in part), temporarily or permanently, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) POLICY
The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
If you believe in good faith that materials appearing through the Services infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access blocked. If you believe a notice has been wrongly filed against you, you may send us a counter-notice.
Notices and counter-notices must meet the statutory requirements of the DMCA (17 U.S.C. § 512). Arima Health Technology, Inc. has designated an agent to receive notifications of alleged copyright infringement.
Any notification of claimed infringement should be provided by email to:
MISCELLANEOUS; GOVERNING LAW; ARBITRATION
This Agreement constitutes the entire agreement between you and us regarding the subject matter and supersedes all prior and contemporaneous agreements, proposals, and communications, whether written or oral.
You may be subject to additional terms when you use third-party products or services made available through the Services. If there is a conflict between third-party terms and this Agreement, this Agreement governs.
This Agreement will be governed by and construed in accordance with the laws of the State of [State], without regard to conflicts of law provisions.
Any dispute arising under or relating to this Agreement will be resolved exclusively by final and binding arbitration in [City, State] under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights or seek temporary or preliminary injunctive relief in a court of competent jurisdiction.
This Agreement is personal to you and may not be assigned.
If any provision is unlawful, void, or unenforceable, it will be severed to the minimum extent necessary and the remaining provisions will continue in full force and effect.
This Agreement is not intended to benefit any third party and does not create any third-party beneficiaries.
Any claim or cause of action arising out of or related to the Services or this Agreement must be filed within one (1) year after the claim arose or be forever barred.
Provisions that by their nature should survive termination will survive, including ownership, indemnification, limitation of liability, and dispute resolution.
EMERGENCIES
THE COMPANY DOES NOT PROVIDE EMERGENCY CARE. IF YOU THINK YOU ARE FACING AN EMERGENCY, DO NOT RELY ON THE COMPANY FOR HELP. IMMEDIATELY CALL 911 OR GO TO YOUR NEAREST EMERGENCY ROOM.
CONTACTING US
If you have questions or comments about these Terms & Conditions, the Applications, or the Services, please contact us at:
contact@arimahealth.com
AGREEMENT TO SERVICE
I ACKNOWLEDGE THAT ALL OF MY QUESTIONS HAVE BEEN ANSWERED TO MY SATISFACTION.
I ACKNOWLEDGE THAT I HAVE READ THESE TERMS & CONDITIONS AND THAT I AGREE TO ALL OF THE PROVISIONS CONTAINED HEREIN.
No waiver by the Company of any term or condition set forth in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of the Company to assert a right or provision under these Terms & Conditions shall not constitute a waiver.
If any provision is held invalid, illegal, or unenforceable, such provision shall be eliminated or limited to the minimum extent necessary so the remaining provisions continue in full force and effect.
Communications Terms & Conditions
We may send messages to you on your wireless device (“Text Messaging”) and/or emails to your preferred email address.
You understand that while we take privacy and security seriously, transmission of information over the internet and mobile networks is not 100% secure. Text messages and emails sent to or received from us are not encrypted and may be intercepted by third parties. If you choose to send or receive information about your health by text message or email, you do so at your own risk. By providing your phone number, you consent to sending and receiving unencrypted text messages. By providing your email, you consent to receiving unencrypted email messages.
By joining the Text Messaging program, you provide prior express written consent to receive Text Messaging (including promotional messages) from us or our agents at the phone number you provide, using automated or non-automated technology and/or prerecorded messages, even if your number is listed on federal or state “do not call” registries. You are not required to agree to receive promotional text messages to purchase goods or services. Message and data rates may apply.
You represent that you are the owner or authorized user of the device used to sign up for Text Messaging and that you are authorized to approve applicable charges. You may not consent on behalf of someone else. You must be 18 years of age or older and reside in the United States to use Text Messaging.
You must register and provide required Personal Information (such as your name and mobile phone number). We and our service providers may receive and store data about text messages exchanged, including date/time, your phone number, and content. We use information obtained in connection with Text Messaging in accordance with our Privacy Policy.
We may send an initial message confirming receipt of your opt-in. After that, you will receive recurring text messages and the volume may vary.
To opt out of promotional Text Messaging at any time, you must text “STOP” in response to any such text message. You agree that texting “STOP” is the only reasonable method of opting out. Other methods (including texting other words or verbally requesting removal) are not reasonable means of opting out. We may send a confirmation of your opt-out. If you opt out of promotional messages, we may still contact you about transactions and service-related communications.
If you change or deactivate your mobile number, it is your responsibility to notify us at the contact point provided in the “Contacting Us” section or as otherwise instructed in our messages so your number can be removed.
You agree to enter into, sign, and receive this consent electronically. You may print or download these terms to retain a copy. You may withdraw consent electronically by emailing contact@arimahealth.com. For a free paper copy, or to update our records of your contact information, email contact@arimahealth.com with your contact information and delivery address.
Mobile access is required for Text Messaging. Text messages are not available on all carriers and devices. Carrier availability may change at any time. Arima Health and mobile carriers will not be liable for delayed or undelivered messages.
Welcome to the Arima Health mobile and web applications (each, an “Application”). Arima Health Technology, Inc. (“Arima Health,” the “Company,” “we,” “our,” or “us”) provides the Applications for your personal use. Use of the Applications and our website at www.arimahealth.com (collectively, the “Services”) is governed by these Terms & Conditions of Use (the “Agreement”).
Although accessible by others, the Services (including content) are intended for access and use only by customers located in the United States. Please read this Agreement carefully before accessing or using the Services.
GENERAL TERMS AND CONDITIONS
By accessing or using the Services, you agree to be bound by this Agreement and any additional terms that may apply to specific features of the Services or to products or services made available through the Services, all of which are incorporated into this Agreement by reference.
If you do not agree to any of the terms and conditions, do not access the Applications or use the Services.
Your use of the Services is also subject to our Privacy Policy. Please review it carefully so you understand what information we collect, how we use it, how we secure it, and when we may share it.
CHANGES TO THIS AGREEMENT
We may change or replace this Agreement at any time, in our discretion. We will post updated Terms & Conditions in the Applications and will update the “Last Updated” date to reflect changes.
You agree to review these Terms & Conditions each time you use the Services. If you disagree with any changes, you must stop using the Services. Continued access or use after changes are posted constitutes acceptance of the Agreement, as modified.
WHAT SERVICES DOES ARIMA HEALTH PROVIDE?
Arima Health provides a platform for you to connect with health care providers, health and wellness professionals, and other Arima community members. The platform is also designed to provide informational and educational materials, including regarding sleep health.
For the avoidance of doubt, the capitalized term “Services” refers only to the Applications, website, and related content and does not refer to telehealth and/or in-person consultations or treatment you may receive from a health care provider.
No content on the website or Applications should be considered medical advice or an endorsement, representation, or warranty that any medication or treatment is safe, appropriate, or effective for you.
PRIVACY
Your use of the Services is subject to our Privacy Policy. Please review it carefully so you understand what information we collect through the Services, how we use it, how we secure it, and when we may share it.
HOW TO USE THE APPLICATION
To use the Application via a web browser, you (or your legal representative) may be required to provide certain information, such as your name, address, and date of birth.
To download and use the Application on your computer or mobile device, you must register with Arima Health and provide required information, which may include your name, address, date of birth, payment information, and the name of your primary care provider (if any). Upon successful registration, you will receive a personal account secured by a password.
By using the Application(s) and Services, you affirm that you are of legal age to enter into this Agreement or, if you are not, a parent or guardian has provided consent on your behalf.
Each Application may identify you to health care professionals who have licensed an Arima provider-facing application (“Health Care Provider”) and have engaged Arima Health for administrative, scheduling, and other operational services. If a Health Care Provider agrees to provide you with health care services, the Application may schedule those services and may bill you on behalf of the Provider. We make no representation or warranty that any Health Care Provider will be available to provide services.
NO PRACTICE OF MEDICINE; MEDICAL DISCLAIMERS
Corporate Structure & Medical Disclaimer
Arima Health Technology, Inc. (“Arima,” “we,” or “us”) is a management services organization (“MSO”) that provides non-clinical administrative, management, and technology services.
Medical services are provided by Arima Health, P.C. and its associated medical group entities (collectively, the “Medical Groups”), which employ or contract with licensed health care professionals.
No Practice of Medicine
Arima Health Technology, Inc. does not practice medicine, does not provide medical services, and is not a licensed health care provider.
All medical services are provided exclusively by Arima Health, P.C. and associated medical group entities and their licensed clinicians, who exercise independent medical judgment in diagnosing, treating, and caring for patients.
Clinical Independence
Arima Health Technology, Inc. does not interfere with, direct, or control the practice of medicine or the clinical decision-making of any health care professional. All clinicians are solely responsible for:
Medical judgment
Patient care
Compliance with applicable medical, ethical, and professional standards
Scheduling & Technology Services
This website and related technology are operated by Arima Health Technology, Inc. to provide administrative and technology services, including patient intake, scheduling, and practice management support on behalf of Arima Health, P.C. and associated medical group entities.
Your treatment relationship is exclusively with the applicable Medical Group and its clinicians, not with Arima Health Technology, Inc.
YOUR USE OF THE SERVICES
You represent and warrant that information you provide (or that is provided on your behalf) is accurate and complete. We may verify information at any time and may deny, suspend, or terminate your use of the Services at any time for any reason or no reason.
You may access the Services only through authorized means. It is your responsibility to ensure you download and use the correct Application for your device. We are not liable if you do not have a compatible device or if you download the wrong version.
By accessing or using the Services, you agree that:
You will use the Services solely for personal use and will not resell them.
You will not copy or distribute the Services or Services content.
You will not upload or transmit content that infringes or violates the rights of any party.
You will not use the Services in violation of any local, state, federal, or international law.
You will not use the Services to distribute advertising or other unsolicited material.
You will not impersonate another person.
You will not post unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing material (as determined by us in our sole discretion).
You will comply with applicable third-party terms when using the Services (e.g., wireless data service terms).
You will ensure no unauthorized person has access to your device or your Arima passwords/accounts.
You will promptly notify us if your Arima passwords/accounts are compromised.
You will not assign or transfer your account.
You will not attempt to harm the Services or impair the network or operations in any way.
You will provide proof of identity if we reasonably request it.
You are responsible for use of the Services by any authorized representative acting on your behalf. We may immediately terminate your access if you fail to comply with these rules.
USER-PROVIDED CONTENT
Arima Health acts as a passive conduit for the distribution of User-Provided Content and is not responsible or liable to you or any third party for the content or accuracy of User-Provided Content.
“User-Provided Content” includes information, feedback, text, videos, images, or other content related to you, your health, or your experiences/interactions with the Applications, whether provided by you, a third party authorized by you, or by a Health Care Provider through a provider-facing Arima application.
We have no obligation to monitor areas of the Services where User-Provided Content may be posted. However, we reserve the right, in our sole discretion, to screen, edit, move, delete, or refuse User-Provided Content that violates this Agreement or is otherwise unacceptable or inappropriate.
Any use of User-Provided Content by you is at your own risk. You represent and warrant that User-Provided Content you post or transmit is original to you (or you have the right to use it), does not infringe third-party rights, and does not contain defamatory or disparaging statements. You also represent and warrant that you have the right to grant the license necessary for Arima Health to operate the Services.
You agree to indemnify and hold harmless Arima Health, its affiliates, and each of their directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors, and assigns from all losses, expenses, damages, and costs (including reasonable attorneys’ fees) arising out of User-Provided Content posted or transmitted through the Services by you or by others using your account.
PAYMENT AND FEES
We reserve the right to require payment for the Services or certain features of the Services. Rates for telephonic, virtual, or in-person consultation services provided by health care professionals or wellness professionals may be made available through our website and/or the Applications and may be modified at any time. You are responsible for remaining informed about current rates.
We do not process insurance claims, and health care professionals are not obligated to process claims on your behalf. Coverage is determined solely by your health plan. You are responsible for the full fee (including paying in advance where required) regardless of whether you later receive reimbursement.
INTELLECTUAL PROPERTY OWNERSHIP
Arima Health (and its licensors, where applicable) owns all right, title, and interest in and to the Services, including all intellectual property rights, and any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or others relating to the Services.
This Agreement does not constitute a sale and does not convey to you any ownership rights in or related to the Services or Arima Health intellectual property. “Arima Health” and associated logos/product names are trademarks of Arima Health and/or its affiliates or licensors. No right or license is granted to use them.
You may download and reprint a single copy of materials from the Services for your personal, noncommercial use only, provided you keep intact all credits and copyright and other proprietary notices. Any other use is prohibited without prior written permission.
APPLICATION LICENSE
Subject to your compliance with this Agreement, Arima Health grants you a limited, non-exclusive, non-transferable license to:
Download and install a copy of the Application on device(s) you own or control and run it solely for your personal use; or
Access the Services solely for your personal use via a web browser.
You shall not:
License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit the Applications or make them available to any third party.
Modify or create derivative works based on the Applications.
Reverse engineer or access the Applications to build a competitive product/service or copy features, functions, or graphics.
Launch automated programs/scripts (including bots, spiders, crawlers, viruses, or worms) that make multiple server requests per second or unduly burden the Services.
DISCLAIMER OF WARRANTIES
THE SERVICES AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. ANY ACCESS TO OR USE OF THE SERVICES IS VOLUNTARY AND AT THE SOLE RISK OF THE USER.
THE SERVICES ARE DESIGNED TO FACILITATE CONNECTIONS BETWEEN YOU AND HEALTH CARE PROVIDERS. NOTHING IN THE SERVICES IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ANY INFORMATION IN THE SERVICES SHOULD NOT BE RELIED UPON AS THE BASIS FOR ANY HEALTH CARE DECISION.
WE DO NOT CONTROL, SUPPLY, ENDORSE, WARRANT, OR GUARANTEE ANY INFORMATION, PRODUCTS, SERVICES, OR MERCHANDISE SUPPLIED BY ANY HEALTH CARE PROVIDER OR OTHER PROFESSIONAL YOU MAY CONNECT WITH VIA THE SERVICES.
WE DO NOT WARRANT THAT DOWNLOADABLE FILES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE.
WE AND OUR SERVICE PROVIDERS DO NOT GUARANTEE OR WARRANT AGAINST ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS, OR LOSSES, INCLUDING LOSS OF DATA. YOU ARE RESPONSIBLE FOR MAINTAINING A MEANS EXTERNAL TO THE SERVICES FOR RECONSTRUCTION OF ANY LOST DATA.
WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES (INCLUDING TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE) WITH RESPECT TO THE SERVICES AND ANY INFORMATION, PRODUCT, SERVICE, OR MATERIAL PROVIDED ON OR THROUGH THE SERVICES. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICES.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ARIMA HEALTH BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES.
THIS INCLUDES, WITHOUT LIMITATION, DAMAGES ARISING FROM INFORMATION OR DATA MADE AVAILABLE THROUGH THE SERVICES OR SERVICES PERFORMED BY ANY HEALTH CARE PROVIDERS YOU CONNECT WITH VIA THE SERVICES (INCLUDING CLAIMS OF MEDICAL MALPRACTICE AGAINST THOSE HEALTH CARE PROVIDERS), EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF THIS LIMITATION IS HELD UNENFORCEABLE, THEN ARIMA HEALTH’S MAXIMUM LIABILITY FOR ALL CLAIMS OF EVERY KIND SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00). THIS LIMITATION COVERS, WITHOUT LIMITATION, TECHNICAL MALFUNCTIONS, COMPUTER ERRORS, LOSS OF DATA, AND OTHER INJURY ARISING FROM USE OF THE SERVICES.
INDEMNIFICATION
You agree to indemnify and hold harmless Arima Health, its affiliates, and each of their directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors, and assigns from all losses, expenses, damages, and costs (including reasonable attorneys’ fees) arising out of your use of the Services, your violation of this Agreement, or your violation of any rights of another.
We reserve the right to control the defense of any claim for which we are entitled to indemnification. You agree to cooperate as reasonably requested.
MODIFICATION OR DISCONTINUATION OF THE SERVICES
We may modify or discontinue the Services (in whole or in part), temporarily or permanently, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) POLICY
The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
If you believe in good faith that materials appearing through the Services infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access blocked. If you believe a notice has been wrongly filed against you, you may send us a counter-notice.
Notices and counter-notices must meet the statutory requirements of the DMCA (17 U.S.C. § 512). Arima Health Technology, Inc. has designated an agent to receive notifications of alleged copyright infringement.
Any notification of claimed infringement should be provided by email to:
MISCELLANEOUS; GOVERNING LAW; ARBITRATION
This Agreement constitutes the entire agreement between you and us regarding the subject matter and supersedes all prior and contemporaneous agreements, proposals, and communications, whether written or oral.
You may be subject to additional terms when you use third-party products or services made available through the Services. If there is a conflict between third-party terms and this Agreement, this Agreement governs.
This Agreement will be governed by and construed in accordance with the laws of the State of [State], without regard to conflicts of law provisions.
Any dispute arising under or relating to this Agreement will be resolved exclusively by final and binding arbitration in [City, State] under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights or seek temporary or preliminary injunctive relief in a court of competent jurisdiction.
This Agreement is personal to you and may not be assigned.
If any provision is unlawful, void, or unenforceable, it will be severed to the minimum extent necessary and the remaining provisions will continue in full force and effect.
This Agreement is not intended to benefit any third party and does not create any third-party beneficiaries.
Any claim or cause of action arising out of or related to the Services or this Agreement must be filed within one (1) year after the claim arose or be forever barred.
Provisions that by their nature should survive termination will survive, including ownership, indemnification, limitation of liability, and dispute resolution.
EMERGENCIES
THE COMPANY DOES NOT PROVIDE EMERGENCY CARE. IF YOU THINK YOU ARE FACING AN EMERGENCY, DO NOT RELY ON THE COMPANY FOR HELP. IMMEDIATELY CALL 911 OR GO TO YOUR NEAREST EMERGENCY ROOM.
CONTACTING US
If you have questions or comments about these Terms & Conditions, the Applications, or the Services, please contact us at:
contact@arimahealth.com
AGREEMENT TO SERVICE
I ACKNOWLEDGE THAT ALL OF MY QUESTIONS HAVE BEEN ANSWERED TO MY SATISFACTION.
I ACKNOWLEDGE THAT I HAVE READ THESE TERMS & CONDITIONS AND THAT I AGREE TO ALL OF THE PROVISIONS CONTAINED HEREIN.
No waiver by the Company of any term or condition set forth in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of the Company to assert a right or provision under these Terms & Conditions shall not constitute a waiver.
If any provision is held invalid, illegal, or unenforceable, such provision shall be eliminated or limited to the minimum extent necessary so the remaining provisions continue in full force and effect.
Communications Terms & Conditions
We may send messages to you on your wireless device (“Text Messaging”) and/or emails to your preferred email address.
You understand that while we take privacy and security seriously, transmission of information over the internet and mobile networks is not 100% secure. Text messages and emails sent to or received from us are not encrypted and may be intercepted by third parties. If you choose to send or receive information about your health by text message or email, you do so at your own risk. By providing your phone number, you consent to sending and receiving unencrypted text messages. By providing your email, you consent to receiving unencrypted email messages.
By joining the Text Messaging program, you provide prior express written consent to receive Text Messaging (including promotional messages) from us or our agents at the phone number you provide, using automated or non-automated technology and/or prerecorded messages, even if your number is listed on federal or state “do not call” registries. You are not required to agree to receive promotional text messages to purchase goods or services. Message and data rates may apply.
You represent that you are the owner or authorized user of the device used to sign up for Text Messaging and that you are authorized to approve applicable charges. You may not consent on behalf of someone else. You must be 18 years of age or older and reside in the United States to use Text Messaging.
You must register and provide required Personal Information (such as your name and mobile phone number). We and our service providers may receive and store data about text messages exchanged, including date/time, your phone number, and content. We use information obtained in connection with Text Messaging in accordance with our Privacy Policy.
We may send an initial message confirming receipt of your opt-in. After that, you will receive recurring text messages and the volume may vary.
To opt out of promotional Text Messaging at any time, you must text “STOP” in response to any such text message. You agree that texting “STOP” is the only reasonable method of opting out. Other methods (including texting other words or verbally requesting removal) are not reasonable means of opting out. We may send a confirmation of your opt-out. If you opt out of promotional messages, we may still contact you about transactions and service-related communications.
If you change or deactivate your mobile number, it is your responsibility to notify us at the contact point provided in the “Contacting Us” section or as otherwise instructed in our messages so your number can be removed.
You agree to enter into, sign, and receive this consent electronically. You may print or download these terms to retain a copy. You may withdraw consent electronically by emailing contact@arimahealth.com. For a free paper copy, or to update our records of your contact information, email contact@arimahealth.com with your contact information and delivery address.
Mobile access is required for Text Messaging. Text messages are not available on all carriers and devices. Carrier availability may change at any time. Arima Health and mobile carriers will not be liable for delayed or undelivered messages.
Welcome to the Arima Health mobile and web applications (each, an “Application”). Arima Health Technology, Inc. (“Arima Health,” the “Company,” “we,” “our,” or “us”) provides the Applications for your personal use. Use of the Applications and our website at www.arimahealth.com (collectively, the “Services”) is governed by these Terms & Conditions of Use (the “Agreement”).
Although accessible by others, the Services (including content) are intended for access and use only by customers located in the United States. Please read this Agreement carefully before accessing or using the Services.
GENERAL TERMS AND CONDITIONS
By accessing or using the Services, you agree to be bound by this Agreement and any additional terms that may apply to specific features of the Services or to products or services made available through the Services, all of which are incorporated into this Agreement by reference.
If you do not agree to any of the terms and conditions, do not access the Applications or use the Services.
Your use of the Services is also subject to our Privacy Policy. Please review it carefully so you understand what information we collect, how we use it, how we secure it, and when we may share it.
CHANGES TO THIS AGREEMENT
We may change or replace this Agreement at any time, in our discretion. We will post updated Terms & Conditions in the Applications and will update the “Last Updated” date to reflect changes.
You agree to review these Terms & Conditions each time you use the Services. If you disagree with any changes, you must stop using the Services. Continued access or use after changes are posted constitutes acceptance of the Agreement, as modified.
WHAT SERVICES DOES ARIMA HEALTH PROVIDE?
Arima Health provides a platform for you to connect with health care providers, health and wellness professionals, and other Arima community members. The platform is also designed to provide informational and educational materials, including regarding sleep health.
For the avoidance of doubt, the capitalized term “Services” refers only to the Applications, website, and related content and does not refer to telehealth and/or in-person consultations or treatment you may receive from a health care provider.
No content on the website or Applications should be considered medical advice or an endorsement, representation, or warranty that any medication or treatment is safe, appropriate, or effective for you.
PRIVACY
Your use of the Services is subject to our Privacy Policy. Please review it carefully so you understand what information we collect through the Services, how we use it, how we secure it, and when we may share it.
HOW TO USE THE APPLICATION
To use the Application via a web browser, you (or your legal representative) may be required to provide certain information, such as your name, address, and date of birth.
To download and use the Application on your computer or mobile device, you must register with Arima Health and provide required information, which may include your name, address, date of birth, payment information, and the name of your primary care provider (if any). Upon successful registration, you will receive a personal account secured by a password.
By using the Application(s) and Services, you affirm that you are of legal age to enter into this Agreement or, if you are not, a parent or guardian has provided consent on your behalf.
Each Application may identify you to health care professionals who have licensed an Arima provider-facing application (“Health Care Provider”) and have engaged Arima Health for administrative, scheduling, and other operational services. If a Health Care Provider agrees to provide you with health care services, the Application may schedule those services and may bill you on behalf of the Provider. We make no representation or warranty that any Health Care Provider will be available to provide services.
NO PRACTICE OF MEDICINE; MEDICAL DISCLAIMERS
Corporate Structure & Medical Disclaimer
Arima Health Technology, Inc. (“Arima,” “we,” or “us”) is a management services organization (“MSO”) that provides non-clinical administrative, management, and technology services.
Medical services are provided by Arima Health, P.C. and its associated medical group entities (collectively, the “Medical Groups”), which employ or contract with licensed health care professionals.
No Practice of Medicine
Arima Health Technology, Inc. does not practice medicine, does not provide medical services, and is not a licensed health care provider.
All medical services are provided exclusively by Arima Health, P.C. and associated medical group entities and their licensed clinicians, who exercise independent medical judgment in diagnosing, treating, and caring for patients.
Clinical Independence
Arima Health Technology, Inc. does not interfere with, direct, or control the practice of medicine or the clinical decision-making of any health care professional. All clinicians are solely responsible for:
Medical judgment
Patient care
Compliance with applicable medical, ethical, and professional standards
Scheduling & Technology Services
This website and related technology are operated by Arima Health Technology, Inc. to provide administrative and technology services, including patient intake, scheduling, and practice management support on behalf of Arima Health, P.C. and associated medical group entities.
Your treatment relationship is exclusively with the applicable Medical Group and its clinicians, not with Arima Health Technology, Inc.
YOUR USE OF THE SERVICES
You represent and warrant that information you provide (or that is provided on your behalf) is accurate and complete. We may verify information at any time and may deny, suspend, or terminate your use of the Services at any time for any reason or no reason.
You may access the Services only through authorized means. It is your responsibility to ensure you download and use the correct Application for your device. We are not liable if you do not have a compatible device or if you download the wrong version.
By accessing or using the Services, you agree that:
You will use the Services solely for personal use and will not resell them.
You will not copy or distribute the Services or Services content.
You will not upload or transmit content that infringes or violates the rights of any party.
You will not use the Services in violation of any local, state, federal, or international law.
You will not use the Services to distribute advertising or other unsolicited material.
You will not impersonate another person.
You will not post unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing material (as determined by us in our sole discretion).
You will comply with applicable third-party terms when using the Services (e.g., wireless data service terms).
You will ensure no unauthorized person has access to your device or your Arima passwords/accounts.
You will promptly notify us if your Arima passwords/accounts are compromised.
You will not assign or transfer your account.
You will not attempt to harm the Services or impair the network or operations in any way.
You will provide proof of identity if we reasonably request it.
You are responsible for use of the Services by any authorized representative acting on your behalf. We may immediately terminate your access if you fail to comply with these rules.
USER-PROVIDED CONTENT
Arima Health acts as a passive conduit for the distribution of User-Provided Content and is not responsible or liable to you or any third party for the content or accuracy of User-Provided Content.
“User-Provided Content” includes information, feedback, text, videos, images, or other content related to you, your health, or your experiences/interactions with the Applications, whether provided by you, a third party authorized by you, or by a Health Care Provider through a provider-facing Arima application.
We have no obligation to monitor areas of the Services where User-Provided Content may be posted. However, we reserve the right, in our sole discretion, to screen, edit, move, delete, or refuse User-Provided Content that violates this Agreement or is otherwise unacceptable or inappropriate.
Any use of User-Provided Content by you is at your own risk. You represent and warrant that User-Provided Content you post or transmit is original to you (or you have the right to use it), does not infringe third-party rights, and does not contain defamatory or disparaging statements. You also represent and warrant that you have the right to grant the license necessary for Arima Health to operate the Services.
You agree to indemnify and hold harmless Arima Health, its affiliates, and each of their directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors, and assigns from all losses, expenses, damages, and costs (including reasonable attorneys’ fees) arising out of User-Provided Content posted or transmitted through the Services by you or by others using your account.
PAYMENT AND FEES
We reserve the right to require payment for the Services or certain features of the Services. Rates for telephonic, virtual, or in-person consultation services provided by health care professionals or wellness professionals may be made available through our website and/or the Applications and may be modified at any time. You are responsible for remaining informed about current rates.
We do not process insurance claims, and health care professionals are not obligated to process claims on your behalf. Coverage is determined solely by your health plan. You are responsible for the full fee (including paying in advance where required) regardless of whether you later receive reimbursement.
INTELLECTUAL PROPERTY OWNERSHIP
Arima Health (and its licensors, where applicable) owns all right, title, and interest in and to the Services, including all intellectual property rights, and any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or others relating to the Services.
This Agreement does not constitute a sale and does not convey to you any ownership rights in or related to the Services or Arima Health intellectual property. “Arima Health” and associated logos/product names are trademarks of Arima Health and/or its affiliates or licensors. No right or license is granted to use them.
You may download and reprint a single copy of materials from the Services for your personal, noncommercial use only, provided you keep intact all credits and copyright and other proprietary notices. Any other use is prohibited without prior written permission.
APPLICATION LICENSE
Subject to your compliance with this Agreement, Arima Health grants you a limited, non-exclusive, non-transferable license to:
Download and install a copy of the Application on device(s) you own or control and run it solely for your personal use; or
Access the Services solely for your personal use via a web browser.
You shall not:
License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit the Applications or make them available to any third party.
Modify or create derivative works based on the Applications.
Reverse engineer or access the Applications to build a competitive product/service or copy features, functions, or graphics.
Launch automated programs/scripts (including bots, spiders, crawlers, viruses, or worms) that make multiple server requests per second or unduly burden the Services.
DISCLAIMER OF WARRANTIES
THE SERVICES AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. ANY ACCESS TO OR USE OF THE SERVICES IS VOLUNTARY AND AT THE SOLE RISK OF THE USER.
THE SERVICES ARE DESIGNED TO FACILITATE CONNECTIONS BETWEEN YOU AND HEALTH CARE PROVIDERS. NOTHING IN THE SERVICES IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ANY INFORMATION IN THE SERVICES SHOULD NOT BE RELIED UPON AS THE BASIS FOR ANY HEALTH CARE DECISION.
WE DO NOT CONTROL, SUPPLY, ENDORSE, WARRANT, OR GUARANTEE ANY INFORMATION, PRODUCTS, SERVICES, OR MERCHANDISE SUPPLIED BY ANY HEALTH CARE PROVIDER OR OTHER PROFESSIONAL YOU MAY CONNECT WITH VIA THE SERVICES.
WE DO NOT WARRANT THAT DOWNLOADABLE FILES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE.
WE AND OUR SERVICE PROVIDERS DO NOT GUARANTEE OR WARRANT AGAINST ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS, OR LOSSES, INCLUDING LOSS OF DATA. YOU ARE RESPONSIBLE FOR MAINTAINING A MEANS EXTERNAL TO THE SERVICES FOR RECONSTRUCTION OF ANY LOST DATA.
WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES (INCLUDING TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE) WITH RESPECT TO THE SERVICES AND ANY INFORMATION, PRODUCT, SERVICE, OR MATERIAL PROVIDED ON OR THROUGH THE SERVICES. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICES.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ARIMA HEALTH BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES.
THIS INCLUDES, WITHOUT LIMITATION, DAMAGES ARISING FROM INFORMATION OR DATA MADE AVAILABLE THROUGH THE SERVICES OR SERVICES PERFORMED BY ANY HEALTH CARE PROVIDERS YOU CONNECT WITH VIA THE SERVICES (INCLUDING CLAIMS OF MEDICAL MALPRACTICE AGAINST THOSE HEALTH CARE PROVIDERS), EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF THIS LIMITATION IS HELD UNENFORCEABLE, THEN ARIMA HEALTH’S MAXIMUM LIABILITY FOR ALL CLAIMS OF EVERY KIND SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00). THIS LIMITATION COVERS, WITHOUT LIMITATION, TECHNICAL MALFUNCTIONS, COMPUTER ERRORS, LOSS OF DATA, AND OTHER INJURY ARISING FROM USE OF THE SERVICES.
INDEMNIFICATION
You agree to indemnify and hold harmless Arima Health, its affiliates, and each of their directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors, and assigns from all losses, expenses, damages, and costs (including reasonable attorneys’ fees) arising out of your use of the Services, your violation of this Agreement, or your violation of any rights of another.
We reserve the right to control the defense of any claim for which we are entitled to indemnification. You agree to cooperate as reasonably requested.
MODIFICATION OR DISCONTINUATION OF THE SERVICES
We may modify or discontinue the Services (in whole or in part), temporarily or permanently, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) POLICY
The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
If you believe in good faith that materials appearing through the Services infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access blocked. If you believe a notice has been wrongly filed against you, you may send us a counter-notice.
Notices and counter-notices must meet the statutory requirements of the DMCA (17 U.S.C. § 512). Arima Health Technology, Inc. has designated an agent to receive notifications of alleged copyright infringement.
Any notification of claimed infringement should be provided by email to:
MISCELLANEOUS; GOVERNING LAW; ARBITRATION
This Agreement constitutes the entire agreement between you and us regarding the subject matter and supersedes all prior and contemporaneous agreements, proposals, and communications, whether written or oral.
You may be subject to additional terms when you use third-party products or services made available through the Services. If there is a conflict between third-party terms and this Agreement, this Agreement governs.
This Agreement will be governed by and construed in accordance with the laws of the State of [State], without regard to conflicts of law provisions.
Any dispute arising under or relating to this Agreement will be resolved exclusively by final and binding arbitration in [City, State] under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights or seek temporary or preliminary injunctive relief in a court of competent jurisdiction.
This Agreement is personal to you and may not be assigned.
If any provision is unlawful, void, or unenforceable, it will be severed to the minimum extent necessary and the remaining provisions will continue in full force and effect.
This Agreement is not intended to benefit any third party and does not create any third-party beneficiaries.
Any claim or cause of action arising out of or related to the Services or this Agreement must be filed within one (1) year after the claim arose or be forever barred.
Provisions that by their nature should survive termination will survive, including ownership, indemnification, limitation of liability, and dispute resolution.
EMERGENCIES
THE COMPANY DOES NOT PROVIDE EMERGENCY CARE. IF YOU THINK YOU ARE FACING AN EMERGENCY, DO NOT RELY ON THE COMPANY FOR HELP. IMMEDIATELY CALL 911 OR GO TO YOUR NEAREST EMERGENCY ROOM.
CONTACTING US
If you have questions or comments about these Terms & Conditions, the Applications, or the Services, please contact us at:
contact@arimahealth.com
AGREEMENT TO SERVICE
I ACKNOWLEDGE THAT ALL OF MY QUESTIONS HAVE BEEN ANSWERED TO MY SATISFACTION.
I ACKNOWLEDGE THAT I HAVE READ THESE TERMS & CONDITIONS AND THAT I AGREE TO ALL OF THE PROVISIONS CONTAINED HEREIN.
No waiver by the Company of any term or condition set forth in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of the Company to assert a right or provision under these Terms & Conditions shall not constitute a waiver.
If any provision is held invalid, illegal, or unenforceable, such provision shall be eliminated or limited to the minimum extent necessary so the remaining provisions continue in full force and effect.
Communications Terms & Conditions
We may send messages to you on your wireless device (“Text Messaging”) and/or emails to your preferred email address.
You understand that while we take privacy and security seriously, transmission of information over the internet and mobile networks is not 100% secure. Text messages and emails sent to or received from us are not encrypted and may be intercepted by third parties. If you choose to send or receive information about your health by text message or email, you do so at your own risk. By providing your phone number, you consent to sending and receiving unencrypted text messages. By providing your email, you consent to receiving unencrypted email messages.
By joining the Text Messaging program, you provide prior express written consent to receive Text Messaging (including promotional messages) from us or our agents at the phone number you provide, using automated or non-automated technology and/or prerecorded messages, even if your number is listed on federal or state “do not call” registries. You are not required to agree to receive promotional text messages to purchase goods or services. Message and data rates may apply.
You represent that you are the owner or authorized user of the device used to sign up for Text Messaging and that you are authorized to approve applicable charges. You may not consent on behalf of someone else. You must be 18 years of age or older and reside in the United States to use Text Messaging.
You must register and provide required Personal Information (such as your name and mobile phone number). We and our service providers may receive and store data about text messages exchanged, including date/time, your phone number, and content. We use information obtained in connection with Text Messaging in accordance with our Privacy Policy.
We may send an initial message confirming receipt of your opt-in. After that, you will receive recurring text messages and the volume may vary.
To opt out of promotional Text Messaging at any time, you must text “STOP” in response to any such text message. You agree that texting “STOP” is the only reasonable method of opting out. Other methods (including texting other words or verbally requesting removal) are not reasonable means of opting out. We may send a confirmation of your opt-out. If you opt out of promotional messages, we may still contact you about transactions and service-related communications.
If you change or deactivate your mobile number, it is your responsibility to notify us at the contact point provided in the “Contacting Us” section or as otherwise instructed in our messages so your number can be removed.
You agree to enter into, sign, and receive this consent electronically. You may print or download these terms to retain a copy. You may withdraw consent electronically by emailing contact@arimahealth.com. For a free paper copy, or to update our records of your contact information, email contact@arimahealth.com with your contact information and delivery address.
Mobile access is required for Text Messaging. Text messages are not available on all carriers and devices. Carrier availability may change at any time. Arima Health and mobile carriers will not be liable for delayed or undelivered messages.
Welcome to the Arima Health mobile and web applications (each, an “Application”). Arima Health Technology, Inc. (“Arima Health,” the “Company,” “we,” “our,” or “us”) provides the Applications for your personal use. Use of the Applications and our website at www.arimahealth.com (collectively, the “Services”) is governed by these Terms & Conditions of Use (the “Agreement”).
Although accessible by others, the Services (including content) are intended for access and use only by customers located in the United States. Please read this Agreement carefully before accessing or using the Services.
GENERAL TERMS AND CONDITIONS
By accessing or using the Services, you agree to be bound by this Agreement and any additional terms that may apply to specific features of the Services or to products or services made available through the Services, all of which are incorporated into this Agreement by reference.
If you do not agree to any of the terms and conditions, do not access the Applications or use the Services.
Your use of the Services is also subject to our Privacy Policy. Please review it carefully so you understand what information we collect, how we use it, how we secure it, and when we may share it.
CHANGES TO THIS AGREEMENT
We may change or replace this Agreement at any time, in our discretion. We will post updated Terms & Conditions in the Applications and will update the “Last Updated” date to reflect changes.
You agree to review these Terms & Conditions each time you use the Services. If you disagree with any changes, you must stop using the Services. Continued access or use after changes are posted constitutes acceptance of the Agreement, as modified.
WHAT SERVICES DOES ARIMA HEALTH PROVIDE?
Arima Health provides a platform for you to connect with health care providers, health and wellness professionals, and other Arima community members. The platform is also designed to provide informational and educational materials, including regarding sleep health.
For the avoidance of doubt, the capitalized term “Services” refers only to the Applications, website, and related content and does not refer to telehealth and/or in-person consultations or treatment you may receive from a health care provider.
No content on the website or Applications should be considered medical advice or an endorsement, representation, or warranty that any medication or treatment is safe, appropriate, or effective for you.
PRIVACY
Your use of the Services is subject to our Privacy Policy. Please review it carefully so you understand what information we collect through the Services, how we use it, how we secure it, and when we may share it.
HOW TO USE THE APPLICATION
To use the Application via a web browser, you (or your legal representative) may be required to provide certain information, such as your name, address, and date of birth.
To download and use the Application on your computer or mobile device, you must register with Arima Health and provide required information, which may include your name, address, date of birth, payment information, and the name of your primary care provider (if any). Upon successful registration, you will receive a personal account secured by a password.
By using the Application(s) and Services, you affirm that you are of legal age to enter into this Agreement or, if you are not, a parent or guardian has provided consent on your behalf.
Each Application may identify you to health care professionals who have licensed an Arima provider-facing application (“Health Care Provider”) and have engaged Arima Health for administrative, scheduling, and other operational services. If a Health Care Provider agrees to provide you with health care services, the Application may schedule those services and may bill you on behalf of the Provider. We make no representation or warranty that any Health Care Provider will be available to provide services.
NO PRACTICE OF MEDICINE; MEDICAL DISCLAIMERS
Corporate Structure & Medical Disclaimer
Arima Health Technology, Inc. (“Arima,” “we,” or “us”) is a management services organization (“MSO”) that provides non-clinical administrative, management, and technology services.
Medical services are provided by Arima Health, P.C. and its associated medical group entities (collectively, the “Medical Groups”), which employ or contract with licensed health care professionals.
No Practice of Medicine
Arima Health Technology, Inc. does not practice medicine, does not provide medical services, and is not a licensed health care provider.
All medical services are provided exclusively by Arima Health, P.C. and associated medical group entities and their licensed clinicians, who exercise independent medical judgment in diagnosing, treating, and caring for patients.
Clinical Independence
Arima Health Technology, Inc. does not interfere with, direct, or control the practice of medicine or the clinical decision-making of any health care professional. All clinicians are solely responsible for:
Medical judgment
Patient care
Compliance with applicable medical, ethical, and professional standards
Scheduling & Technology Services
This website and related technology are operated by Arima Health Technology, Inc. to provide administrative and technology services, including patient intake, scheduling, and practice management support on behalf of Arima Health, P.C. and associated medical group entities.
Your treatment relationship is exclusively with the applicable Medical Group and its clinicians, not with Arima Health Technology, Inc.
YOUR USE OF THE SERVICES
You represent and warrant that information you provide (or that is provided on your behalf) is accurate and complete. We may verify information at any time and may deny, suspend, or terminate your use of the Services at any time for any reason or no reason.
You may access the Services only through authorized means. It is your responsibility to ensure you download and use the correct Application for your device. We are not liable if you do not have a compatible device or if you download the wrong version.
By accessing or using the Services, you agree that:
You will use the Services solely for personal use and will not resell them.
You will not copy or distribute the Services or Services content.
You will not upload or transmit content that infringes or violates the rights of any party.
You will not use the Services in violation of any local, state, federal, or international law.
You will not use the Services to distribute advertising or other unsolicited material.
You will not impersonate another person.
You will not post unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing material (as determined by us in our sole discretion).
You will comply with applicable third-party terms when using the Services (e.g., wireless data service terms).
You will ensure no unauthorized person has access to your device or your Arima passwords/accounts.
You will promptly notify us if your Arima passwords/accounts are compromised.
You will not assign or transfer your account.
You will not attempt to harm the Services or impair the network or operations in any way.
You will provide proof of identity if we reasonably request it.
You are responsible for use of the Services by any authorized representative acting on your behalf. We may immediately terminate your access if you fail to comply with these rules.
USER-PROVIDED CONTENT
Arima Health acts as a passive conduit for the distribution of User-Provided Content and is not responsible or liable to you or any third party for the content or accuracy of User-Provided Content.
“User-Provided Content” includes information, feedback, text, videos, images, or other content related to you, your health, or your experiences/interactions with the Applications, whether provided by you, a third party authorized by you, or by a Health Care Provider through a provider-facing Arima application.
We have no obligation to monitor areas of the Services where User-Provided Content may be posted. However, we reserve the right, in our sole discretion, to screen, edit, move, delete, or refuse User-Provided Content that violates this Agreement or is otherwise unacceptable or inappropriate.
Any use of User-Provided Content by you is at your own risk. You represent and warrant that User-Provided Content you post or transmit is original to you (or you have the right to use it), does not infringe third-party rights, and does not contain defamatory or disparaging statements. You also represent and warrant that you have the right to grant the license necessary for Arima Health to operate the Services.
You agree to indemnify and hold harmless Arima Health, its affiliates, and each of their directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors, and assigns from all losses, expenses, damages, and costs (including reasonable attorneys’ fees) arising out of User-Provided Content posted or transmitted through the Services by you or by others using your account.
PAYMENT AND FEES
We reserve the right to require payment for the Services or certain features of the Services. Rates for telephonic, virtual, or in-person consultation services provided by health care professionals or wellness professionals may be made available through our website and/or the Applications and may be modified at any time. You are responsible for remaining informed about current rates.
We do not process insurance claims, and health care professionals are not obligated to process claims on your behalf. Coverage is determined solely by your health plan. You are responsible for the full fee (including paying in advance where required) regardless of whether you later receive reimbursement.
INTELLECTUAL PROPERTY OWNERSHIP
Arima Health (and its licensors, where applicable) owns all right, title, and interest in and to the Services, including all intellectual property rights, and any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or others relating to the Services.
This Agreement does not constitute a sale and does not convey to you any ownership rights in or related to the Services or Arima Health intellectual property. “Arima Health” and associated logos/product names are trademarks of Arima Health and/or its affiliates or licensors. No right or license is granted to use them.
You may download and reprint a single copy of materials from the Services for your personal, noncommercial use only, provided you keep intact all credits and copyright and other proprietary notices. Any other use is prohibited without prior written permission.
APPLICATION LICENSE
Subject to your compliance with this Agreement, Arima Health grants you a limited, non-exclusive, non-transferable license to:
Download and install a copy of the Application on device(s) you own or control and run it solely for your personal use; or
Access the Services solely for your personal use via a web browser.
You shall not:
License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit the Applications or make them available to any third party.
Modify or create derivative works based on the Applications.
Reverse engineer or access the Applications to build a competitive product/service or copy features, functions, or graphics.
Launch automated programs/scripts (including bots, spiders, crawlers, viruses, or worms) that make multiple server requests per second or unduly burden the Services.
DISCLAIMER OF WARRANTIES
THE SERVICES AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. ANY ACCESS TO OR USE OF THE SERVICES IS VOLUNTARY AND AT THE SOLE RISK OF THE USER.
THE SERVICES ARE DESIGNED TO FACILITATE CONNECTIONS BETWEEN YOU AND HEALTH CARE PROVIDERS. NOTHING IN THE SERVICES IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ANY INFORMATION IN THE SERVICES SHOULD NOT BE RELIED UPON AS THE BASIS FOR ANY HEALTH CARE DECISION.
WE DO NOT CONTROL, SUPPLY, ENDORSE, WARRANT, OR GUARANTEE ANY INFORMATION, PRODUCTS, SERVICES, OR MERCHANDISE SUPPLIED BY ANY HEALTH CARE PROVIDER OR OTHER PROFESSIONAL YOU MAY CONNECT WITH VIA THE SERVICES.
WE DO NOT WARRANT THAT DOWNLOADABLE FILES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE.
WE AND OUR SERVICE PROVIDERS DO NOT GUARANTEE OR WARRANT AGAINST ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS, OR LOSSES, INCLUDING LOSS OF DATA. YOU ARE RESPONSIBLE FOR MAINTAINING A MEANS EXTERNAL TO THE SERVICES FOR RECONSTRUCTION OF ANY LOST DATA.
WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES (INCLUDING TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE) WITH RESPECT TO THE SERVICES AND ANY INFORMATION, PRODUCT, SERVICE, OR MATERIAL PROVIDED ON OR THROUGH THE SERVICES. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICES.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ARIMA HEALTH BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES.
THIS INCLUDES, WITHOUT LIMITATION, DAMAGES ARISING FROM INFORMATION OR DATA MADE AVAILABLE THROUGH THE SERVICES OR SERVICES PERFORMED BY ANY HEALTH CARE PROVIDERS YOU CONNECT WITH VIA THE SERVICES (INCLUDING CLAIMS OF MEDICAL MALPRACTICE AGAINST THOSE HEALTH CARE PROVIDERS), EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF THIS LIMITATION IS HELD UNENFORCEABLE, THEN ARIMA HEALTH’S MAXIMUM LIABILITY FOR ALL CLAIMS OF EVERY KIND SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00). THIS LIMITATION COVERS, WITHOUT LIMITATION, TECHNICAL MALFUNCTIONS, COMPUTER ERRORS, LOSS OF DATA, AND OTHER INJURY ARISING FROM USE OF THE SERVICES.
INDEMNIFICATION
You agree to indemnify and hold harmless Arima Health, its affiliates, and each of their directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors, and assigns from all losses, expenses, damages, and costs (including reasonable attorneys’ fees) arising out of your use of the Services, your violation of this Agreement, or your violation of any rights of another.
We reserve the right to control the defense of any claim for which we are entitled to indemnification. You agree to cooperate as reasonably requested.
MODIFICATION OR DISCONTINUATION OF THE SERVICES
We may modify or discontinue the Services (in whole or in part), temporarily or permanently, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) POLICY
The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
If you believe in good faith that materials appearing through the Services infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access blocked. If you believe a notice has been wrongly filed against you, you may send us a counter-notice.
Notices and counter-notices must meet the statutory requirements of the DMCA (17 U.S.C. § 512). Arima Health Technology, Inc. has designated an agent to receive notifications of alleged copyright infringement.
Any notification of claimed infringement should be provided by email to:
MISCELLANEOUS; GOVERNING LAW; ARBITRATION
This Agreement constitutes the entire agreement between you and us regarding the subject matter and supersedes all prior and contemporaneous agreements, proposals, and communications, whether written or oral.
You may be subject to additional terms when you use third-party products or services made available through the Services. If there is a conflict between third-party terms and this Agreement, this Agreement governs.
This Agreement will be governed by and construed in accordance with the laws of the State of [State], without regard to conflicts of law provisions.
Any dispute arising under or relating to this Agreement will be resolved exclusively by final and binding arbitration in [City, State] under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights or seek temporary or preliminary injunctive relief in a court of competent jurisdiction.
This Agreement is personal to you and may not be assigned.
If any provision is unlawful, void, or unenforceable, it will be severed to the minimum extent necessary and the remaining provisions will continue in full force and effect.
This Agreement is not intended to benefit any third party and does not create any third-party beneficiaries.
Any claim or cause of action arising out of or related to the Services or this Agreement must be filed within one (1) year after the claim arose or be forever barred.
Provisions that by their nature should survive termination will survive, including ownership, indemnification, limitation of liability, and dispute resolution.
EMERGENCIES
THE COMPANY DOES NOT PROVIDE EMERGENCY CARE. IF YOU THINK YOU ARE FACING AN EMERGENCY, DO NOT RELY ON THE COMPANY FOR HELP. IMMEDIATELY CALL 911 OR GO TO YOUR NEAREST EMERGENCY ROOM.
CONTACTING US
If you have questions or comments about these Terms & Conditions, the Applications, or the Services, please contact us at:
contact@arimahealth.com
AGREEMENT TO SERVICE
I ACKNOWLEDGE THAT ALL OF MY QUESTIONS HAVE BEEN ANSWERED TO MY SATISFACTION.
I ACKNOWLEDGE THAT I HAVE READ THESE TERMS & CONDITIONS AND THAT I AGREE TO ALL OF THE PROVISIONS CONTAINED HEREIN.
No waiver by the Company of any term or condition set forth in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of the Company to assert a right or provision under these Terms & Conditions shall not constitute a waiver.
If any provision is held invalid, illegal, or unenforceable, such provision shall be eliminated or limited to the minimum extent necessary so the remaining provisions continue in full force and effect.
Communications Terms & Conditions
We may send messages to you on your wireless device (“Text Messaging”) and/or emails to your preferred email address.
You understand that while we take privacy and security seriously, transmission of information over the internet and mobile networks is not 100% secure. Text messages and emails sent to or received from us are not encrypted and may be intercepted by third parties. If you choose to send or receive information about your health by text message or email, you do so at your own risk. By providing your phone number, you consent to sending and receiving unencrypted text messages. By providing your email, you consent to receiving unencrypted email messages.
By joining the Text Messaging program, you provide prior express written consent to receive Text Messaging (including promotional messages) from us or our agents at the phone number you provide, using automated or non-automated technology and/or prerecorded messages, even if your number is listed on federal or state “do not call” registries. You are not required to agree to receive promotional text messages to purchase goods or services. Message and data rates may apply.
You represent that you are the owner or authorized user of the device used to sign up for Text Messaging and that you are authorized to approve applicable charges. You may not consent on behalf of someone else. You must be 18 years of age or older and reside in the United States to use Text Messaging.
You must register and provide required Personal Information (such as your name and mobile phone number). We and our service providers may receive and store data about text messages exchanged, including date/time, your phone number, and content. We use information obtained in connection with Text Messaging in accordance with our Privacy Policy.
We may send an initial message confirming receipt of your opt-in. After that, you will receive recurring text messages and the volume may vary.
To opt out of promotional Text Messaging at any time, you must text “STOP” in response to any such text message. You agree that texting “STOP” is the only reasonable method of opting out. Other methods (including texting other words or verbally requesting removal) are not reasonable means of opting out. We may send a confirmation of your opt-out. If you opt out of promotional messages, we may still contact you about transactions and service-related communications.
If you change or deactivate your mobile number, it is your responsibility to notify us at the contact point provided in the “Contacting Us” section or as otherwise instructed in our messages so your number can be removed.
You agree to enter into, sign, and receive this consent electronically. You may print or download these terms to retain a copy. You may withdraw consent electronically by emailing contact@arimahealth.com. For a free paper copy, or to update our records of your contact information, email contact@arimahealth.com with your contact information and delivery address.
Mobile access is required for Text Messaging. Text messages are not available on all carriers and devices. Carrier availability may change at any time. Arima Health and mobile carriers will not be liable for delayed or undelivered messages.
Sleep Well. Live Better.
Contact information
Address: 169 Madison Avenue,
Suite 1137. New York, NY 10016
Patient Support
Call Us: 804-269-8291
Sign up for email updates
Stay in touch with us. We'd love to do the same!
Sleep Well. Live Better.
Contact information
Address: 169 Madison Avenue,
Suite 1137. New York, NY 10016
Patient Support
Call Us: 804-269-8291
Sign up for email updates
Stay in touch with us. We'd love to do the same!
Sleep Well. Live Better.
Contact information
Address: 169 Madison Avenue,
Suite 1137. New York, NY 10016
Patient Support
Call Us: 804-269-8291
Sign up for email updates
Stay in touch with us. We'd love to do the same!
Sleep Well. Live Better.
Contact information
Address: 169 Madison Avenue,
Suite 1137. New York, NY 10016
Patient Support
Call Us: 804-269-8291
Sign up for email updates
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Sleep Well. Live Better.
Contact information
Address: 169 Madison Avenue,
Suite 1137. New York, NY 10016
Patient Support
Call Us: 804-269-8291
Sign up for email updates
Stay in touch with us. We'd love to do the same!