IMPORTANT NOTICE: THESE TERMS AND CONDITIONS OF USE ARE SUBJECT TO A WAIVER OF CLASS ACTION RIGHTS AND THE RIGHT TO A JURY TRIAL AS DETAILED IN THE DISPUTE RESOLUTION SECTION BELOW. IT REQUIRES YOU AND PRANAQ, YOUR PROVIDER, AND CERTAIN OTHER PRANAQ PARTNERS TO RESOLVE DISPUTES WITH EACH OTHER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. PLEASE READ CAREFULLY.
DO NOT USE THESE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
- Description of Services.
- Eligibility and Platform Requirements.
- User Account.
- Payments and Recurring Billing.
- Cancellations and Refunds.
- Terms related to Prescribed Products.
- Terms of Sale.
- Intellectual Property.
- Rules and Prohibitions.
- Availability of Services and Export Compliance.
- Disclaimers of Warranties; Limitation of Liability; Release; Indemnification.
- Modification, Suspension, or Termination of Platform, Services, or User Accounts.
- Dispute Resolution.
- Third-Party Services.
- General Terms.
- Description of Services.
The services offered through the Platform (collectively, “Services”) may include:
- Online and technology access to non-professional consultations with sleep experts (such as PhDs), sleep coaches, and sleep navigators, who are employed by or otherwise engaged by PranaQ;
- Online and technology access to telehealth services, including medical consultations and medication and device prescriptions (“Telehealth Services”), with licensed physicians and other qualified healthcare providers that work with PranaQ (“Providers”);
- Ability to purchase and access PranaQ products, including the TipTraQ sleep-tracking device, TipTraQ Companion App, custom sleep plans with a Provider and/or sleep expert, and certain follow-up subscription offerings and other offerings made available by PranaQ from time to time through the Platform (collectively, “Products”);
- Regular and real-time monitoring of care and progress tracking; and
- Self-guided resources regarding sleep efficiency.
Services available on the Platform may be provided or offered by PranaQ or by third-party medical groups. For example, the Platform provides you with access to one or more of the medical groups that employ or contract with Providers and provide Telehealth Services through the Platform (the “Medical Groups”).
The Services may change from time to time, and PranaQ may choose to add new Services or suspend or discontinue some or all of the Services, in its sole discretion.
Your Relationship with Us.
PranaQ does not provide medical or other professional clinical services, including via the Platform. PranaQ operates the technology platform through which you can connect with Providers who render Telehealth Services, including the Medical Groups, and through which you receive other available Services. The Providers matched through the Platform are engaged by the Medical Groups, not by PranaQ, and the Medical Groups and their Providers use independent professional judgment in rendering Telehealth Services. PranaQ solely provides non-professional sleep wellness coaching as well as administrative, payment, technological, and other supportive non-clinical services for the Medical Groups and Providers, but PranaQ does not own or have any ownership interest in the Medical Groups and neither the Medical Groups nor Providers own or have any ownership interest in PranaQ. The Medical Groups and the Providers, and not PranaQ, are responsible for the quality and appropriateness of the clinical treatment and care they render to you on the Platform, and any professional advice received from a Provider on our Platform comes from the Provider alone and not from PranaQ.
You will be matched with available Providers based on the information you submit to the Platform. The Telehealth Services you receive may vary depending on the Provider with whom you interact. PranaQ does not participate in the interaction between you and Providers and does not have control over the quality, reliability, legality, integrity, authenticity, accuracy, appropriateness, provision, or failure to provide, or responsiveness of the information provided by or to Providers. You should contact your Provider directly for any questions regarding your care or your medical or other clinical treatment, and you can report a complaint relating to the care provided by a Provider by contacting the professional licensing board in the state where the care was received. PranaQ does not recommend or endorse any specific Providers, tests, medications, devices, products, or procedures, and shall not in any way be liable for any Telehealth Services or the treatment or other services or advice provided to you by a Provider. Your reliance on any Provider or information delivered by the Providers via the Platform is solely at your own risk and you assume full responsibility for all risks associated herewith.
Telehealth involves the delivery of healthcare services using electronic communications, information technology, or other means between a healthcare provider and a patient, who are not in the same physical location. While the provision of health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. The Telehealth Services are not intended to take the place of your relationship with your regular in-person health care practitioners or primary care physician.
To receive Telehealth Services, you must agree to the applicable Medical Group’s Telehealth Informed Consent, which provides a description of the risks and benefits of telehealth and constitutes your voluntary authorization to the rendering of Telehealth Services by the Medical Groups and Providers on the Platform. The Telehealth Informed Consent and the Medical Groups informed consent forms, as applicable, (the “Telehealth Informed Consent”). The applicable Medical Group is solely responsible for ensuring that you have reviewed and signed its Telehealth Informed Consent. If you have any questions regarding the Telehealth Informed Consent, you should discuss them with the Medical Group before you sign it. You agree that PranaQ is a third-party beneficiary of the Telehealth Informed Consent and has the right to enforce it against you.
In addition, you may be required to acknowledge receipt of the applicable Medical Groups and Providers Notice of Privacy Practices describing their collection and use of your health information (each a “Notice of Privacy Practices”) before receiving Telehealth Services from such Medical Group or Provider. If you have any questions regarding the applicable Notice of Privacy Practices, you should discuss them with the Medical Group or Provider before you acknowledge and/or sign it. You agree that PranaQ is a third-party beneficiary of the applicable Notice of Privacy Practices and has the right to enforce it against you.
Where appropriate, the Medical Groups and/or your Provider(s) may also request your cooperation in obtaining records from your other healthcare providers to assist in providing the best care for you (this may include signing a release and/or authorization to speak to all other healthcare providers that you see). They may further request your cooperation in involving your personal representative and other trusted parties as nominated by you in your care, including the sharing of information relating to your health, to the extent permitted by applicable law. In addition, we will ask you to sign an authorization form that will permit us to obtain from the Medical Group your sleep test reports and related information for use in the development of our Products and Services.
THE SERVICES ARE NOT FOR EMERGENCIES. IF YOU BELIEVE YOU HAVE AN EMERGENCY, CALL 911 IMMEDIATELY.
PranaQ’s Platform, Products, and Services, including the Telehealth Services, are not for medical or other clinical emergencies or urgent situations. You should not disregard or delay seeking medical or other clinical advice based on anything that appears or does not appear on the Platform. You should seek emergency help or follow-up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary care physician and other health care professionals.
Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical or other health condition and before stopping, starting, or modifying any treatment [or medication].
Please be aware the Services, including the Telehealth Services, will stop being provided at the termination of your Subscription or Services. You acknowledge and agree that your primary care physician and other treating providers are in a position to provide ongoing care to you upon such termination of Services and that you will contact your provider(s) to receive care, as needed, following such termination.
The Services are not an insurance product. The Services are not health insurance or a substitute for health insurance, and the amounts you pay for Services on the Platform are not insurance premiums. The Services do not meet any individual health insurance mandate under federal or state law. If you desire any type of health or other insurance coverage, you will need to acquire such insurance separately.
Placement of Orders for Products.
(a) provided you with an Order confirmation number; and
(b) received full payment (as confirmed by us or our payment service provider) of the purchase price of your Order through settlement of funds via your provided credit card or other payment method.
Prior to Acceptance, an automatic e-mail acknowledgment of your Order may be generated (but such acknowledgment does not constitute Acceptance or confirmation of your Order).
Notwithstanding the above, if you and PranaQ (or a PranaQ subsidiary or affiliate) execute an online order form, sales document, or similar ordering document for the purchase of the Product (an “Order Form”), such Order Form shall be treated as an Order for the purposes of this Agreement. Such an Order Form will not be subject to any Acceptance and will deemed effective upon execution
Other Platform Content. Outside of healthcare advice you receive directly from a Provider, the content of the Platform provided as part of the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute medical or other professional clinical advice, diagnosis, treatment, or recommendations of any kind by PranaQ. All information provided by PranaQ, or in connection with any communications supported by PranaQ (including non-professional sleep coaching services, and articles and blog posts published on PranaQ’s website and other general healthcare-related information and self-guided resources), is intended to be for general information purposes only and is in no way intended to create a healthcare provider-patient relationship.
- Eligibility and Platform Requirements.
Necessary Equipment and Software. You are responsible for obtaining and maintaining your device, software, operating system, carrier, and network access necessary to properly access and use the Services, including any Products purchased through the Platform. PranaQ does not guarantee that the Platform or any portions thereof will function on or in connection with any particular mobile device, software, operating system, carrier, or network. PranaQ will have no liability for errors, unreliable operation, or other issues resulting from the use of the Platform on or in connection with rooted or jail-broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including, but not limited to, use of modified versions of the operating system. All rate and data fees of your device’s carrier apply to your use of the Platform and Services and PranaQ is in no way responsible for your carrier rates and data fees, where applicable.
- User Account.
Registration. To access certain Services, you must first create a personal user account with PranaQ on the Platform mobile application(“User Account”). You may be required to satisfy certain conditions precedent imposed by PranaQ (including, for example, providing additional information to PranaQ, and entering into additional agreements with PranaQ and/or its third-party affiliates). You may only have one (1) User Account. A User Account is not transferable between individuals.
User Account Activity and Responsibility. You agree that all information you submit to create your User Account, including but not limited to your name, date of birth, address, phone number, and email address, shall be truthful, accurate, and complete, and you shall maintain accuracy and completeness of the information associated with your User Account. You will be required to select a password to access your User Account. Your User Account is personal to you, and you are solely responsible for maintaining the confidentiality of the credentials to access your User Account; you are responsible for all activity that occurs under your User Account. You may not allow another individual or third party to access, use, or modify your User Account. You are responsible for maintaining the security of your User Account, including keeping your login credentials secret to only yourself. Please contact firstname.lastname@example.org immediately if you suspect that another individual or third party has gained access to your User Account.
Refusal of Services on Fraud. PranaQ may, but does not assume the obligation, to request further information from you to provide the Services. If you do not timely provide this information in the manner requested, we reserve the right to suspend, discontinue, or deny your access to and use of the Platform and the Services until you provide the information to us as requested. Without limitation, PranaQ may refuse to provide its Services to you, cancel your Subscription, or deactivate your User Account for any reason in PranaQ’s sole discretion, including where we suspect fraud or illegal activity. This includes, but is not limited to, stolen payment information or falsified medical information resulting in a prescription.
- Pricing, Payments, and Recurring Billing.
Subscriptions and Recurring Payments.
The billing period for your Subscription Fee begins from the time of registration (i.e., when you register, enter your payment method and pay the initial Subscription Fee), and again at the start of each subsequent Subscription Period. By signing up for a Subscription, you agree to pay your Subscription Fee in full each Subscription Period and authorize your payment method on file to be billed automatically each Subscription Period by PranaQ’s third-party payment processor for the entire length of your Subscription, regardless of whether or not you have used the Services during the Subscription Period, until your Subscription ends or is canceled. If any Subscription Fee is not paid in a timely manner, or your transaction cannot be processed, we reserve the right to suspend, disable, cancel, or terminate your Subscription. You will be responsible for paying all past-due amounts. You acknowledge that billing may not occur on the exact same date of each month.
Fees for Telehealth Services.
If you receive Telehealth Services through the Platform, and you have health insurance coverage, the Medical Group and Providers will bill your insurance plan for such Telehealth Services. You will remain responsible for all cost shares, co-pays co-insurance, and deductibles, as well as for any Telehealth Services that are not covered by your health insurance.
If you receive Telehealth Services through the Platform, and you do not have health insurance coverage, PranaQ will bill you for such Telehealth Services.
You agree to pay all other fees and charges associated with your User Account that are not covered by your health insurance or not included in the Subscription Fee, including, for example, appointment no-show fees, cancellation fees or late rescheduling fees, cost shares, co-pays, co-insurance and deductibles (collectively, “Other Fees”), on a timely basis and according to the terms and the rates presented to you. By using the Services and incurring such Other Fees, you authorize us to bill and charge your payment method on file for such Other Fees in full. For those Other Fees not covered by your health insurance, please see the “Insurance” section below.
Specifically, you will be responsible for paying a late cancellation fee for any missed or canceled appointments not made at least 24 hours in advance prior to the scheduled appointment time in the amount of $ 50.00 per canceled appointment.
If you default on your account, you will be subject to finance and/or legal fees in addition to the total account balance.
Trials and Promotional Fees.
PranaQ may periodically offer discounts to its Services (other than Telehealth Services) in the form of free trial periods or promotional fees. The terms of those discounts will be stated at the time you sign up or when you purchase a specific Service or product. If your Subscription includes a free trial, you will not be charged the applicable Subscription Fee during your free trial. To obtain the free trial, you will be required to provide a credit card or other payment method in order to ensure uninterrupted access and continued use after the expiration of the free trial. Upon completion of your free trial, your Subscription will automatically convert into a paid Subscription and your payment method will be charged the applicable Subscription Fee unless you have canceled your Subscription. If your Subscription includes a promotional fee, you will be charged the promotional fee for the relevant number of billing periods and upon completion of that period, your Subscription will continue to automatically renew at the full, non-promotional rate. You may cancel your Subscription during your free trial or promotional period to avoid being charged the full applicable Subscription Fee in accordance with Section 5 (Cancellations and Refunds).
You may only be permitted to use one free trial or promotional fee offer. If your Subscription is ever canceled or terminated for any reason, and you purchase an additional Subscription, you may not be eligible for a free trial or to take advantage of another promotional fee offer.
If you have health insurance, your insurance plan may cover all or a portion of your use of our Services, including costs associated with the Telehealth Services and/or Products prescribed by your Provider(s). If you provide information about your health insurance to us, that will be deemed your authorization for the Medical Groups and/or one of their affiliates or partners to submit claims and bill for Services on your behalf and share necessary information with the insurance plan to process payments and reimbursements. PranaQ does not participate in any health insurance plan, including Medicare and Medicaid, and we do not accept any health insurance. However, the Medical Groups may participate in certain health plans and accept your insurance coverage for the cost of the Telehealth Services.
The Subscription Fee does not include the cost of any co-pays for visits with Providers, co-pays for prescribed Products, co-insurance or deductibles, or other cost shares, which will vary depending on your insurance plan and may be billed separately by the Medical Groups or Providers. You are also responsible for any Other Fees incurred that are not charged on a Subscription model (e.g., appointment no-show fees). The Subscription Fee, if applicable, and any co-pays, co-insurance, deductibles, or Other Fees are your responsibility, not that of your insurance plan, even if the Medical Groups and/or Providers are considered in-network.
Your insurance policy is a contract between you and your insurance plan, and it is your responsibility to know your benefits, including if your insurance has any deductible, co-payment, co-insurance, other cost shares, out-of-network, usual and customary limit, prior authorization requirements or any other type of benefit limitation for the Services you receive, and how your benefits will apply to your payments. If you purchase Telehealth Services with your insurance plan, you authorize the Medical Groups or Providers, to charge your payment method on file for the Subscription Fee, if applicable, and any fees not covered by your insurance, such as co-pays, co-insurance, deductibles, and Other Fees. If all or any portion of the Services are not covered or paid by your insurance plan for any reason or you do not have health insurance, you understand that you will be ultimately responsible for all fees and costs arising out of your use of the Services and agree to pay the full amount of all Subscription Fees and Other Fees associated with your User Account. Questions about coverage, reimbursement, and non-payment for Services should be directed to your insurance plan. You agree to inform PranaQ, your Medical Group and Provider immediately if you lose your health insurance and/or can no longer pay for Services.
Changes to Product Fees, Subscription Fees, Other Fees, or Subscription Features. All fees published on the Platform are set by PranaQ in its sole discretion and we may change our fees from time to time. PranaQ will send notice of upcoming automatic renewal prior to renewing your Subscription as required by law. We may change the Product Fees, Subscription terms, Subscription Fees, or Other Fees at any time on a going-forward basis at our discretion. If the pricing for your Subscription increases, we will notify you, and provide you an opportunity to change or cancel your Subscription before applying those changes to your User Account or charging you in connection with an automatic renewal. We may choose in our sole discretion to add, modify, or remove benefits and features from a Subscription. Your continued enrollment in your Subscription after the changes become effective will constitute your acceptance of the changes. If you do not wish to continue your Subscription at the revised rates and/or terms, you must let PranaQ know prior to the end of your then-current Subscription Period in accordance with Section 5 (Cancellations and Refunds) (so that at the end of that Subscription Period, your Subscription will end); otherwise, the revised rate and/or terms will apply on and from the next Subscription Period.
Third-Party Payment Processor. All credit card, debit card, and other monetary transactions on or through the Platform occur through an online payment processing application that is provided by a third-party payment processor(s). PranaQ itself does not collect or store payment card information. If our third-party payment processor is unable to secure funds from your payment method for fees that are due for any reason, including, but not limited to, insufficient funds or insufficient or inaccurate information provided when submitting electronic payment, PranaQ may undertake further collection action, including application of fees to the extent permitted by law, and reserves the right to suspend or terminate your User Account or Services.
Waiver of Claims and Unauthorized Payments. You agree to waive all claims against PranaQ and its third-party affiliates, including PranaQ’s third-party payment processor(s), related to any unauthorized payments made on or through the use of your User Account outside of PranaQ’s control, regardless of whether such payments are authorized or unauthorized. However, you may submit a claim of the unauthorized payment to PranaQ so that PranaQ can conduct a reasonable investigation as it sees fit under the circumstances. If appropriate, PranaQ will assist in correcting the alleged unauthorized payment, provided that such a claim is received by PranaQ within thirty (30) days of the disputed charge or payment.
- Cancellations and Refunds.
When you cancel a Subscription, you cancel only future charges associated with your Subscription. You may initiate your cancellation at any time, but the cancellation will become effective at the end of your current Subscription Period. Please email email@example.com no later than 9 A.M. US Eastern Time the business day before the Subscription Period end date to cancel your Subscription. If you do not cancel before this time, PranaQ reserves the right to charge you for the next Subscription Period and cancel your Subscription in the following Subscription Period.
Except as otherwise stated herein or required by applicable law, no refunds will be provided for a partial Subscription Period, but you will continue to have access to the Subscription until the next billing cycle. Notwithstanding any other terms, PranaQ reserves the right to cancel your Subscription in its entirety at any time and for any reason, with or without prior notice. In the event that PranaQ exercises its right to cancel a Subscription, it will refund the current Subscription Period’s Subscription Fee as required by law.
Once you cancel your Subscription, your access to and use of the Services will continue to the end of your then-current Subscription Period and thereafter end, but you will continue to have access to certain information maintained within User Account, such as personal health information. Please note that all Services will end once cancellation takes effect. You should talk to your Provider before discontinuing your program or treatment.
Services that are paid per Service (e.g., single visits with a Provider not part of a Subscription) may be rescheduled but are not cancellable after purchase.
Refunds. All purchases are final and once paid, all fees, including Subscription Fees, are non-refundable regardless of whether Services are utilized, except as prohibited by applicable law. However, you may cancel your Subscription at any time in accordance with Section 5 (Cancellations and Refunds) to stop incurring future Subscription Fees. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future.
- Terms relating to Prescribed Products.
Certain Products available through the Platform require a valid prescription by a licensed healthcare professional who is authorized to prescribe the specific Product. You will not be able to obtain a prescription Product unless you provide us with a valid prescription for the Product.
PranaQ does not endorse any specific Provider, medication, device, treatment, or therapy. There is no guarantee a prescription will be written by using the Telehealth Services. Providers may also deny care for actual or suspected misuse of the Telehealth Services for prescriptions.
You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. All prescription Products are provided subject to all warnings, limitations, and restrictions published or provided by the PranaQ or any third-party manufacturer. You agree to fully and carefully read all provided product information and labels and to contact your Provider, or another appropriate healthcare provider, if you have any questions regarding the prescription. You acknowledge and understand that your use or misuse of prescribed Products obtained through our Platform or Telehealth Services is not subject to any guarantee and may result in undesirable or unexpected consequences. PranaQ does not accept any liability for the consequences arising from the application, use, or misuse of any prescribed Products made available through the Platform or Telehealth Services, including any injury or damage to any person or property as a matter of negligence, or otherwise, including your failure to comply with any warning labels attached to the prescribed Products. As stated above, PranaQ is not a healthcare provider. The Medical Groups and the Providers, and not PranaQ, are responsible for the quality and appropriateness of the clinical treatment and care they render to you on the Platform, and any professional advice received from a Provider on our Platform comes from the Provider alone and not from PranaQ.
- Terms of Sale for Products.
During a period of thirty (30) days commencing as of the date you place your Order (the “Replacement Period”), you shall be entitled to request a replacement Product if your Product arrives defective. During the Replacement Period, we will pay the shipping charges for the delivery of the replaced Product to you. You acknowledge if you request a replacement of a Product, you are required to return the Product to us in the same condition as when you received it (reasonable wear and tear excepted).
- Intellectual Property.
With the exception of your User Materials (as defined below), PranaQ, the Medical Groups, and/or PranaQ’s licensors, as applicable, retain all rights, title, and interest in and to the Platform, the Services, and any information, content, files, document, text, photographs, images, audio, videos, reviews, products, documentation, software, or other materials available on or through the Platform, Products, and Services, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing. For clarity, use, reproduction, copying, or redistribution of PranaQ trademarks, service marks, and logos or those of PranaQ’s third-party licensors are strictly prohibited without the prior written permission of PranaQ or the licensor, as applicable. The Platform may contain other proprietary notices and copyright information, the terms of which you agree to follow.
Consent to Electronic Communications. By opting in to use PranaQ’s Platform and Services, you affirmatively consent to conduct business electronically with PranaQ and you agree that (a) all agreements and consents can be signed electronically, and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.
Consent to Receive Emails, Calls, and Text Messages.
By providing your email address and/or mobile number, sending PranaQ an initial text, or otherwise opting in to receive telephonic communications from PranaQ, you are agreeing to be contacted by or on behalf of PranaQ at the mobile number and/or email address you have provided, including emails, calls, and text messages, regarding your User Account and use of the Platform, Products, and Services. These emails, text messages, or calls may be automated and may include information about your treatment plan, appointment reminders, order confirmations, shipping notifications, messages from your Provider, and other transactional messages. You may also sign up to receive promotional and marketing calls and text messages. You are not required to consent to promotional and marketing calls and text messages as a condition of purchase. You may update your notification preferences from PranaQ at any time by going through your User Account. By consenting to receive PranaQ text messages, you represent that you are the subscriber of the cellular service at the mobile number provided or that you are authorized by the subscriber to sign up for texts.
PranaQ does not charge you for our text message program. But if you enroll in text messages from PranaQ, you understand and agree that: (1) you will be responsible for any message and data rates that may apply for any messages sent to you from PranaQ and to PranaQ from you, (2) message frequency may vary, and (3) neither PranaQ, nor your or PranaQ’s mobile carriers, are liable for delayed or undelivered messages. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
We may send you one or more welcome text messages or administrative messages, such as (in some cases), a request to confirm your opt-in. After that, you will receive recurring text messages, and the specific amount may vary depending on how you use our Services (e.g. if you communicate with us through SMS, or if you send a HELP request).
Our text messages are supported on all U.S. carriers. Please note, however, that the supporting mobile carriers may change without notice, and the particular text message program you join may be limited to specific carriers.
You can opt out of receiving marketing emails from us by clicking the “UNSUBSCRIBE” link at the bottom of emails.
You can opt out of marketing text messages from PranaQ at any time by texting the word “STOP” to a text message from PranaQ. After you send the text message “STOP” to us, we will send you a text message to confirm that you have been unsubscribed. After this, you will no longer receive text messages from PranaQ unless and until you re-consent to receiving text messages again. You also understand and agree that we have provided you with reasonable methods of opting out and that any other method of opting out, including, but not limited to, texting words other than “STOP” or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. Please be advised that if you opt out of marketing text messages, PranaQ may still send you transactional text messages about your User Account or use of the Platform and Services.
You can opt out of transactional text messages by updating your notification preferences in your User Account. You can also opt out of receiving transactional text messages from us by clicking the “UNSUBSCRIBE” link at the bottom of these messages. Please note that if you withdraw your consent to receive text messages, some Platform features and certain Services may no longer be available to you and you may not receive important and helpful information and reminders about your Services.
If you have revoked consent and want to re-enroll in receiving transactional text messages, you can re-enroll by updating your notification preferences in your User Account.
If you are experiencing issues with PranaQ’s text messaging program, you can send an email to firstname.lastname@example.org.
Sensitive Communications. You understand that while PranaQ takes your privacy and the security of your health and other sensitive information very seriously, the transmission of information over the internet and mobile networks is not 100% secure. Text messages and emails that you send to or receive from PranaQ outside of PranaQ’s Platform (including off-Platform communications with Providers) are not encrypted, which means that it is possible they may be intercepted by third parties. Do not send any health or other sensitive information to PranaQ, the Medical Groups, your Provider, or any other Third Party by text message or email. If you choose to send or receive information about your health or any other sensitive information by text message or email outside of PranaQ’s Platform, you do so at your own risk. By opting into text messages, you consent to sending text messages to PranaQ, and receiving text messages from or on behalf of PranaQ, that are not encrypted. Likewise, by emailing PranaQ or giving PranaQ your email, you consent to receive unencrypted email messages from or on behalf of PranaQ.
- Rules and Prohibitions.
- impersonating or misrepresenting your identity or your affiliation with a person or entity;
- creating more than one User Account, or forging or manipulating headers or identifiers to disguise the origin of any content transmitted through the Platform;
- allowing any unauthorized person to access your User Account or to receive Services;
- harassing, threatening, abusing, defaming, demeaning, discriminating against, intimidating, or exhibiting other harmful or disrespectful behavior toward Providers or staff of PranaQ and relevant third parties providing Services to you, or disrupting the care of other patients, as we determine in our sole discretion;
- obtaining prescriptions from multiple prescribers without each prescriber’s (including your Provider(s)) knowledge of the other prescriptions (also known as “doctor shopping”);
- accessing the Platform or using the Services, devices, or other products available through the Platform and Services, in any unlawful way or for any unlawful purpose (including in violation of United States export laws concerning the transmission of technical data and regulated materials via the Internet);
- using any software, program, process, device, application, or routine (e.g. robots, scripts, scrapers, spiders, viruses, spyware, and malware) to monitor, copy, disrupt, damage, injure, decrypt, interfere, tamper, hack, spoof, modify or otherwise corrupt the administration, security or proper functioning of the Platform or any servers which may host the Platform;
- accessing data not intended for you or logging onto a server or a User Account that you are not authorized to access;
- posting or transmitting any data, materials, content, or information (including, without limitation, advice, and recommendations) which contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Platform or the Services, personal information, software, equipment, servers, or facilitate or promote hacking or similar conduct;
- attempting to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Platform;
- running any antivirus or antispyware software that is set to override the internet browser’s cookies setting;
- in any way infringing, misappropriating, or otherwise violating any copyrights, trade secrets, or other rights of PranaQ or any third party;
- incorrectly identifying the sender of any message transmitted to PranaQ or altering the attribution or origin of electronic mail, messages, or posting;
- violating the privacy rights of any person, including harvesting or collecting personal information or personal health information about any other individual who uses the Platform or the Services;
- transmitting, or procuring the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam” or any other similar solicitation;
- otherwise using the Services in any manner that exceeds the scope of use granted herein; and/or
- attempting to indirectly undertake any of the foregoing or encouraging or enabling any other individuals to do or attempt any of the foregoing.
- Availability of Services and Export Compliance.
PranaQ operates subject to state and federal regulations, and not all Products or Services offered through the Platform may be available in your state. You represent that you are not a person barred from enrolling for or receiving the Products or Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Platform or the Services is limited exclusively to users located in states within the United States where the Services are available as identified on the Platform. Accessing the Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.
You further acknowledge that the Products, Services, and any related products, information, documentation, software, technology, technical data, and any derivatives thereof, that PranaQ makes available (collectively “Excluded Data”) are subject to the export control and sanctions laws and regulations of the United States and other countries that may prohibit or restrict access by certain persons or from certain countries or territories currently including, but not limited to, Cuba, the Crimea region of Ukraine, Sudan, Iran, North Korea and Syria (“Trade Restrictions”). You represent and warrant that you are not: (i) located in an embargoed country or territory, (ii) under the control of an entity organized in or a resident of an embargoed country or territory, (iii) listed on any U.S. government list of persons or entities with which U.S. persons are prohibited from transacting, including, but not limited to, OFAC’s List of Specially Designated Nationals and Other Blocked Persons, the U.S. State Department’s Nonproliferation Sanctions lists, the U.S. Commerce Department’s Entity List or Denied Persons List located at https://www.trade.gov/consolidated-screening-list; or (iv) subject to end destination export control regulations, such as, but not limited to, the U.S. Export Administration Regulations and U.S. Government EU Dual-Use Regulation EC 428/2009. You are solely responsible for complying with Trade Restrictions for all Excluded Data and any of its content transmitted through the Services.
- Disclaimers of Warranties; Limitation of Liability; Release; Indemnification.
Disclaimer of Warranties.
YOU EXPRESSLY AGREE THAT ANY ACCESS AND USE OF THE PLATFORM AND SERVICES IS VOLUNTARY AND AT YOUR SOLE RISK. THE PLATFORM AND SERVICES ARE PRESENTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, PRANAQ AND EACH OF THE THIRD PARTIES OFFERING SERVICES VIA THE PLATFORM, INCLUDING THE MEDICAL GROUPS AND THE PROVIDERS, DISCLAIM ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE PLATFORM, THE PRODUCTS, THE SERVICES, AND ANY CONTENT, INFORMATION, PRODUCT, SERVICE OR OTHER MATERIALS PROVIDED ON OR THROUGH THE PLATFORM, THE PRODUCT, OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THE QUALITY, ACCURACY, COMPLETENESS OR TIMELINESS OF INFORMATION, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS. PRANAQ DOES NOT WARRANT THAT THE PLATFORM WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACKS, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT, OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK-UP AND SECURITY.
PRANAQ DOES NOT GUARANTEE THAT THROUGH THE USE OF OUR SERVICES, ANY SPECIFIC TREATMENT WILL BE PROVIDED TO YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE PRODUCTS OBTAINED THROUGH OUR PLATFORM OR SERVICES MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. TO THE FULLEST EXTENT OF APPLICABLE LAW, PRANAQ, THE MEDICAL GROUPS, PROVIDERS, AND ANY OF ITS AND THEIR RESPECTIVE AFFILIATES DO NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE PLATFORM, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING YOUR FAILURE TO COMPLY WITH ANY WARNING LABELS ATTACHED TO MEDICATION, DEVICE, OR PRODUCT.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH PROVIDERS OR OTHER USERS OF THE PLATFORM. PRANAQ SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THE MEDICAL GROUPS OR THE PROVIDERS.
Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, PRANAQ AND ANY OF THE THIRD PARTIES OFFERING SERVICES VIA THE PLATFORM, INCLUDING THE MEDICAL GROUPS, THE PROVIDERS, AND ANY OF PRANAQ’S AND SUCH THIRD PARTIES’ OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, SHAREHOLDERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, SUCCESSORS, ASSIGNS, TRANSFEREES, CONTRACTORS, OR LICENSEES (COLLECTIVELY, THE “RELATED PARTIES”), ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, SUBSTITUTE SERVICES, OR BUSINESS INTERRUPTION, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH) CAUSED BY OR ARISING FROM OR IN CONNECTION IN ANY WAY TO THE PLATFORM, PRODUCTS, SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE PLATFORM, INCLUDING ANY SERVICES PERFORMED OR PRODUCTS OFFERED BY THE THIRD PARTIES (AS DEFINED HEREIN), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, PRODUCTS, OR SERVICES IS TO STOP USING THE PLATFORM, THOSE PRODUCTS, OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF PRANAQ, THE THIRD PARTIES OR PRANAQ’S AND THE THIRD PARTIES’ RELATED PARTIES TO YOU WITH RESPECT TO YOUR USE OR ACCESS OF (OR INABILITY TO USE OR ACCESS) THE PLATFORM, PRODUCTS, OR SERVICES IS THE GREATER OF (A) $500 (FIVE HUNDRED DOLLARS) AND (B) THE TOTAL PRODUCT FEES AND/OR SUBSCRIPTION FEES PAID BY YOU IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE GIVING RISE TO LIABILITY. YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH LIMITATIONS OR RELEASES.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM OR SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO WHEN SUCH ACTION OCCURRED. EXCEPT AS EXPLICITLY PROVIDED HEREIN, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM OR SERVICES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE PLATFORM OR SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
TIPTRAQ BY PRANAQ
- 1 year warranty
- 30 days guarantee:
- In case of a technical issue/failure, we will provide a return label and ship a new unit as soon as we receive back the defective unit
- In case of a refund request, we will refund the client once we receive the returned unit and a $50 restocking fee may be applied (we can consider it on a case-to-case basis). We will not provide a return label.
If you are a California resident, you waive California Civil Code Section 1542, which provides:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.
- Modification, Suspension, or Termination of Platform, Services, or User Accounts.
Changes to the Platform and Services. All information contained on the Platform, including descriptions, images, references, features, content, specifications, products, and prices of any products or Services offered by PranaQ or its related third parties on or through the Platform, are subject to change at any time and without notice to you (but you are at all times entitled to your rights under Section 5 (Cancellations and Refunds) if you are unhappy with such changes).
- Dispute Resolution.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
We will try to work in good faith to resolve any issue you have with the Platform, Products, and Services if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction. If you have a dispute with us, you agree to resolve such dispute on an individual basis in accordance with the provisions set forth below.
Initial Dispute Resolution. PranaQ wants to address your concerns without the need for a formal legal dispute. Our customer support department is available to address any concerns you may have regarding the Platform, Products, or Services. The parties shall use their best efforts through this support process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration. Failure to engage in this initial dispute resolution process could result in the award of fees against you in arbitration. To adequately engage in initial dispute resolution, each party must notify the other party, in writing, of the facts of the dispute and all damages claimed. Such a writing must be sent to (a) the user’s email address on file with PranaQ, or (b) email@example.com [ (“Dispute Notification”). The party receiving the Dispute Notification has thirty (30) days from receipt of the Dispute Notification to respond. The other party then has 15 days to reply to the response.
Agreement to Arbitrate.
If the parties do not reach an agreed-upon solution within a period of 30 days from the time informal dispute resolution begins under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below.
Arbitration is more informal than a lawsuit in court: there is no judge or jury in arbitration; discovery in arbitration may be more limited than discovery in litigation; and court review of an arbitration award is limited. This agreement to arbitrate (“Arbitration Terms”) also applies to claims between you and the Medical Groups and any Providers, and such parties will be considered intended third-party beneficiaries of these Arbitration Terms. As used in these Arbitration Terms, the “Arbitral Parties” shall refer to PranaQ, the Medical Groups, and any Providers.
Unless you, PranaQ and the applicable Arbitral Parties otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class, collective, consolidated, or representative proceeding.
The Federal Arbitration Act (“FAA”) will govern the interpretation and enforcement of these Arbitration Terms. It is your, PranaQ’s, and the Arbitral Parties’ intent that the FAA and JAMS Rules will preempt all state laws to the fullest extent permitted by law. If the FAA and JAMS Rules are found to not apply to any issue that arises under these Arbitration Terms or the enforcement thereof, then that issue will be resolved under the laws of the State of New York. These Arbitration Terms govern to the extent it conflicts with the JAMS Rules or FAA.
Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based. The arbitrator and/or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements.
Unless you, PranaQ and the applicable Arbitral Parties otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you, PranaQ and any applicable Arbitral Parties submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the JAMS Rules. Subject to the JAMS Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. The arbitrator has the right to impose sanctions for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11).
The arbitrator will render an award within the time frame specified in the JAMS Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The prevailing party in arbitration will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
Class Action Waiver. YOU, PRANAQ, AND THE ARBITRAL PARTIES MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY CLAIM OR DISPUTE AGAINST EACH OTHER ON AN INDIVIDUAL BASIS IN ARBITRATION. This will prohibit you from bringing any class, collective, or consolidated action against PranaQ or any of the Arbitral Parties, and will also prohibit you from participating in or recovering relief under any current or future such actions brought against PranaQ or any of the Arbitral Parties by someone else.
Exception – Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also elect to have disputes or claims resolved in a small claims court that are within the scope of that court’s jurisdiction. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court in your state and county of residence. Seeking such relief shall not waive a party’s right to arbitration under this agreement.
Changes to this Section. PranaQ will provide 30 days’ notice of any changes affecting the substance of this Section 14. Changes will become effective on the 30th day. If you continue to use the Platform or its Services after the 30th day, you agree that any unfiled claims of which PranaQ does not have actual notice are subject to the revised clause.
- Third-Party Services.
You agree that PranaQ shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of any Third-Party Goods and Services or your interactions with any Third Parties. In the event of any dispute between you and any Third Party, any other user, or any other entity or individual, you understand and agree that PranaQ is under no obligation to become involved in such dispute, and you hereby release and indemnify PranaQ and its Related Parties (as defined below), from any and all claims, demands and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or the features and services therein.
You acknowledge and agree that the availability of the PranaQ mobile application (“Application”) and the Services made available through the mobile application are dependent on the third party from whom you received the App license, i.e., the Apple App Store (the “iTunes Store”) or the Google Play Store (the “Google Play”). In order to use the Application, you must have access to a wireless network, own or control a mobile phone that is an iPhone model 7 or later, with iOS versions 13 or later, or own or control a mobile phone with Android versions 10.0 or later, and you agree to pay all fees associated with such access and use of the wireless network and/or device. You also agree to pay all fees (if any) charged by the iTunes Store or Google Play in connection with the Platform, Products, or Services. You agree to comply with, and your license to use the Application is conditioned upon your compliance with all terms of agreement imposed by the applicable iTunes Store or Google Play when using the Platform, Products, or Services, including the Application.
Further, the following applies to any Application accessed through or downloaded from the iTunes Store or Google Play:
- You acknowledge that Apple/Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
iii. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple/Google, and Apple/Google will refund the purchase price for the Application to you and to the maximum extent permitted by applicable law, Apple/Google will have no other warranty obligation whatsoever with respect to the Application. As between PranaQ and Apple/Google, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of PranaQ.
- You and PranaQ acknowledge that, as between PranaQ and Apple/Google, Apple/Google is not responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and use of the Application, including, but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
- You and PranaQ acknowledge and agree that Apple/Google, and Apple’s/Google’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple/Google will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the Application against you as a third-party beneficiary thereof.
vii. Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the Application.
- General Terms.