Terms of Service
1.1. Your use of ORB HEALTH’s personal health record (PHR) service (also known as Orb) via a web browser or a mobile application (referred to collectively as the “Services” in this document) is subject to the terms of a legal agreement between you and ORB HEALTH. “ORB HEALTH” means Orb Health, Inc., a Delaware corporation whose principal place of business is at 111 W. Monroe Street, Suite 600, Phoenix, AZ 85003. This document explains how the Agreement is made up, and sets out the terms of that Agreement.
ORB HEALTH Services do not provide diagnosis or treatment advice to its users. All health and health-related information contained within ORB HEALTH Services is intended to be general in nature and should not be used as a substitute for a visit with a health care professional. The advice is intended to offer only a general basis for individuals to discuss their medical condition with their health care provider. Your health care provider should be consulted regarding matters concerning the medical condition, treatment and needs of you and your family. Although every effort is made to ensure that the material within Orb Health app is accurate and timely, it is provided for the convenience of the app user and should not be considered official.
1.2. Unless otherwise agreed in writing with ORB HEALTH, your agreement with ORB HEALTH will always include, at a minimum, the terms and conditions set out in this document.
1.3. This agreement forms a legally binding agreement between you and ORB HEALTH in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”
1.4. The “Participation Agreement” shall mean your Participation Agreement with ORB HEALTH.
- Accepting the Terms
2.1. In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2. You can accept the Terms by: (A) executing this Agreement; (B) clicking to accept or agree to the Terms, where this option is made available to you by ORB HEALTH in the participant interface for the Service; or (C) by actually using the Services. In this case, you understand and agree that ORB HEALTH will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3. If you are accepting the terms on behalf of another legal entity, you represent that you have the authority to bind such legal entity.
2.4. You may not use the Services and may not accept the Terms if (A) you are not of legal age to form a binding contract with ORB HEALTH, or (B) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2.5. Before you continue, you should print off or save a local copy of this Agreement and its Terms for your records.
- Provision of the Services by ORB HEALTH
3.1. ORB HEALTH may have affiliated legal entities around the world (“Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of ORB HEALTH itself. You acknowledge and agree that the Affiliates will be entitled to provide the Services to you.
3.2. You acknowledge and agree that the form and nature of the Services which ORB HEALTH provides may change from time to time without prior notice to you.
3.3. As part of this continuing innovation, you acknowledge and agree that ORB HEALTH may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to participants generally, at ORB HEALTH’s sole discretion, with thirty days prior notice to you.
3.4. ORB HEALTH may at its sole discretion disable access to your account if (a) you violate any of the Terms or (b) your relationship with ORB HEALTH is terminated or otherwise ends.
3.5. You acknowledge and agree that if ORB HEALTH disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in or associated with your account.
- Use of the Services by you
4.1. In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to ORB HEALTH will always be accurate, correct and up to date.
4.2. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law (including, but not limited to, Health Insurance Portability and Accountable Act (HIPPA)), regulation or generally accepted practices or guidelines in the relevant jurisdictions.
4.3. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by ORB HEALTH, unless you have been specifically allowed to do so in a separate agreement with ORB HEALTH.
4.4. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
4.5. Unless you have been specifically permitted to do so in a separate agreement with ORB HEALTH, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services (or any portion thereof) for any purpose.
4.6. You agree that you are responsible for (and that ORB HEALTH has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which ORB HEALTH may suffer) of any such breach.
- Your passwords and account security
5.1. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
5.2. Accordingly, you agree that you will be responsible to ORB HEALTH for all activities that occur under your account.
5.3. If you become aware of any unauthorized use of your password or of your account, you agree to notify ORB HEALTH immediately at support@OrbHealth.com.
5.4. ORB HEALTH, at its sole discretion, may change the password associated with any account you use to access the Services in the event that the security of such account is compromised.
- Privacy and your personal information
6.1. All information (such as data files, health information including documents and information pertaining to private and personal health conditions, written text, computer software, audio files or other sounds, photographs, videos or other images) that you submit or otherwise provide to ORB HEALTH as part of, or through your use of, the Services is collectively referred to as Personal Information.
6.2. ORB HEALTH agrees not to disclose the Personal Information to any third party except as follows:
(a) to ORB HEALTH’s service providers, agents and representatives, provided that such service providers, agents or representatives agree to confidentiality measures that are at least as stringent as those stated in the Terms;
(b) to law enforcement or government agency if requested, or if ORB HEALTH reasonably believes that you may violate applicable criminal law;
(c) as required by law;
(d) in response to a subpoena or other compulsory legal process, provided that ORB HEALTH agrees to give you written notice of at least seven days prior to disclosing Personal Information under this subsection (or prompt notice in advance of disclosure, if seven days advance notice is not reasonably feasible), unless the law forbids such notice; or
(e) in a manner consistent with Section 10 of the agreement.
- Proprietary rights
7.1. You acknowledge and agree that ORB HEALTH owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by ORB HEALTH and that you shall not disclose such information without ORB HEALTH’s prior written consent.
7.2. Unless you have agreed otherwise in writing with ORB HEALTH, nothing in the Terms gives you a right to use any of ORB HEALTH’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
7.3. If you have been given an explicit right to use any of these brand features in a separate written agreement with ORB HEALTH, then you agree that your use of such features shall be in compliance with that agreement, and any applicable provisions of the Terms
7.4. Other than the limited license set forth in Section 9 of this agreement, ORB HEALTH acknowledges and agrees that it obtains no right, title or interest from you under these Terms in or to any Personal Information that you submit or otherwise provide on, or through, the Services, including any intellectual property rights which subsist in that Personal Information (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with ORB HEALTH.
7.5. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services.
- License from ORB HEALTH
8.1. ORB HEALTH gives you a personal, worldwide, limited duration, non-assignable and non-exclusive license to use the Services provided to you by ORB HEALTH in accordance with the Participation Agreement. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by ORB HEALTH, in the manner permitted by the Terms.
8.2. The duration of the license from ORB HEALTH is limited to the duration of the Participation Agreement.
8.3. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by ORB HEALTH, in writing.
8.4. Unless ORB HEALTH has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Services, grant a security interest in or over your rights to use the Services, or otherwise transfer any part of your rights to use the Services.
- Licenses from you
9.1. You retain copyright and any other rights you already hold in the Personal Information.
9.2. By submitting or otherwise providing Personal Information to ORB HEALTH as part of, or through your use of, the Services you give ORB HEALTH a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to: (a) generate aggregated, non-personal information, where aggregated, non-personal information is information that is recorded about participants and collected into groups so that it no longer reflects or references an individually identifiable participant and (b) reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any generated aggregated, non-personal information.
9.3. You understand that ORB HEALTH, in performing the required technical steps to provide the Services to our participants, may (a) transmit or distribute your Personal Information over various public networks and in various media; and (b) make such changes to your Personal Information as are necessary to conform and adapt the Personal Information to the technical requirements of connecting networks, devices, services or media. You agree to give ORB HEALTH a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to ORB HEALTH to take these actions.
9.4. You confirm and warrant to ORB HEALTH that you have all the rights, power and authority necessary to grant the above licenses (including without limitation such rights in the Personal Information).
- Ending your relationship with ORB HEALTH
10.1. The Terms will continue to apply and will not come to an end until (a) terminated by either you or ORB HEALTH as set out below or (b) upon termination of your Participation Agreement to use the Service.
10.2. If you want to terminate your legal agreement with ORB HEALTH, you may do so by notifying ORB HEALTH. Your notice should be sent, in writing, to ORB HEALTH’s address which is set out at the beginning of these Terms.
10.3. ORB HEALTH may at any time prior to the expiration of your Participation Agreement, terminate its legal agreement with you if: (A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); (B) you have breached any of the Payment Terms in your Participation Agreement; or (C) ORB HEALTH is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful).
10.4. When these Terms come to an end, all of the legal rights, obligations, and liabilities that you and ORB HEALTH have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue perpetually, shall be unaffected by this cessation.
Orb Health, Inc.
111 W. Monroe Street, Suite 600
Phoenix, AZ 85003