End User Terms & Conditions
Last updated: July 1, 2023
Peppy Health Corporation (“we,” “us,” “our,” or “Peppy”) provides content, functionality and other products and services to you when you visit https://peppy.health (the “Website”) or use the Peppy mobile application (the “App”) (collectively, the “Sites”). We developed the Sites to provide a convenient, confidential platform for people to submit information related to their specific physical condition or concern to a physician, nurse practitioner, or nurse (“Provider”) for evaluation and, if appropriate, treatment – so long as those people are over the age of 18 or other legal age under applicable state law, and/or have the necessary capacity or authority to enter binding agreements like this through a consenting parent or legal guardian, as explained below.
You may not use services on the Sites and/or that Peppy provides if you do not agree to all of such terms and conditions, including the arbitration and indemnity provisions, unless otherwise stated on any consent or permitted by law. Therefore, if any term below is unacceptable to you, please do not use the Sites or provide any personal information. If you are using the Services on behalf of a company, legal entity, person, or persons, you are nonetheless individually bound by this Agreement even if one or more of these has a separate agreement with us.
IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911. THE SERVICE MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS.
Services in General
PEPPY DOES NOT PROVIDE ANY MEDICAL SERVICES, PRACTICE MEDICINE OR ANY OTHER LICENSED HEALTHCARE PROFESSION, AND DOES NOT INTERFERE WITH THE PRACTICE OF MEDICINE OR ANY OTHER PRACTICE BY PHYSICIANS OR OTHER LICENSED PRACTITIONERS, EACH OF WHOM IS RESPONSIBLE FOR HIS OR HER SERVICES AND COMPLIANCE WITH THE REQUIREMENTS APPLICABLE TO HIS OR HER PROFESSION AND LICENSE. Peppy performs the kind of work that a physician staff or service may provide to them, including (1) operating the Sites, (2) collecting and securely maintaining your medical and other information to assist the providers who provide medical and professional services to you (“Your Providers”), and (3) processing payment for services provided through the Sites (collectively, the “Services”).
- CONSENT AND AUTHORIZATION TO RECEIVE MEDICAL SERVICES THROUGH TELEMEDICINE FROM A PHYSICIAN, NURSE PRACTITIONER, OR REGISTERED NURSE AFFILIATED WITH PEPPY HEALTH CORPORATION
Professional Services. You may submit description of your symptoms and medical history to Your Providers through the Sites. Your Providers will then review the information that you submitted and may request additional information or may reach a conclusion based on the information you provided. If appropriate, Your Providers may also schedule a real-time videoconference to diagnose your condition and recommend and/or prescribe treatment (“Provider Services”).
Your Providers will decide whether Provider Services are available through online tools or whether you should visit your PCP or another physician of your choice for an in-person examination. If Your Providers determine that a real-time video visit is necessary to render an informed professional opinion, Your Providers will set up a real-time video call with you.
Prescriptions. If Your Providers conclude that they have sufficient information to make a diagnosis and recommend treatment, Your Providers may choose to use an e-prescription service or recommend over-the-counter drugs and/or therapies.
NONE OF THE SITE CONTENT (OTHER THAN INFORMATION YOU RECEIVE FROM YOUR PROVIDERS) SHOULD BE CONSIDERED MEDICAL OR PROFESSIONAL ADVICE OR AN ENDORSEMENT, REPRESENTATION, OR WARRANTY THAT ANY PARTICULAR MEDICATION OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. FURTHER, PEPPY DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC DRUGS, TESTS, OTHER PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, “OFF-LABEL” DRUG USES, OR OTHER INFORMATION THAT MAY BE MENTIONED THROUGH SERVICES AND DOES NOT REPRESENT THAT ANY SERVICES PROVIDED ON THE SITES ARE AN APPROPRIATE SUBSTITUTE FOR DIRECT IN-PERSON SERVICES IN ALL CASES.
Specific Terms Applicable to All Services and Provider Services
- Acknowledgement of Terms in this Binding Agreement. You acknowledge that the terms and notifications above and those below are legally binding on you.
- Access to Provider Services. You acknowledge and agree that you will only access Provider Services and/or Services from an internet connected device located in the United States and in a state where Your Provider is licensed and authorized to practice.
- Restrictions. You access the Services and Provider Services on your own initiative and are responsible for compliance with all applicable laws, including state and federal laws. By downloading or otherwise using or transferring any software, technology or other information through or from the Services in any manner whatsoever, you represent and warrant you may legally do so.
You further agree that using the Services and Provider Services will not violate any other agreement to which you are a party and will not violate any rights of Peppy other users or of third parties, including intellectual property rights and privacy rights.
- You acknowledge that results from the Services and Provider Services are never guaranteed;
- Peppy may limit the number of connections you may have with Your Providers and/or may otherwise limit your use of the Services, in its discretion;
- You understand and acknowledge that Your Providers may not be able to respond to your messages immediately or even within a short time (but if you have not heard from Your Providers within 48 hours, you should contact Peppy to find out why); and
By providing information to us, you grant Peppy, without any further consent, notice and/or compensation to you or to any third parties, a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licensable, fully paid-up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, the information you provide, directly or indirectly to Peppy, including user-generated content, ideas, concepts, techniques and/or data.
- Identifying Users. The only time Peppy may identify you is if you request or expressly consent to our posting a testimonial. Even if publication is properly requested, whether we post a testimonial is completely within our discretion. If we do post such a testimonial and you later want the information about you removed, we will remove it as soon as practicable upon your written request.
- Prohibited Uses. You agree not to use the Services for commercial or public purposes and/or to: a) violate any local, state, national or international law; b) stalk, harass or harm another individual; c) collect or store personal data about other users or persons; d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; f) attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services, whether through hacking, password mining, or any other means; and/or g) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
- Intellectual Property. You hereby expressly acknowledge that Peppy or its licensors own all legal right, title and interest in the Services. Peppy reserves all rights not expressly granted in and to the Services. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, publication or other commercial use of any copyrighted material is strictly prohibited without our express written consent or the express written consent of the copyright owner or licensor.
When using Our Automated Health Concierge Service, You agree that all information and content which You enter or upload to the Automated Health Concierge Service (“Inputs”) shall be owned by You, and any results or information which You receive from the Automated Health Concierge Service (“Outputs”) shall be owned by Us or the third-party provider of the Automated Health Concierge Service to the fullest extent permitted by law. Where this is not legally possible, You hereby agree to assign all rights and interest in the Outputs to Peppy and the third-party Automated Health Concierge Service. You also grant Us and Our licensors a worldwide, non-exclusive, irrevocable, perpetual, royalty free, license to use, store, reproduce, use, publish, and publicly display, modify, and create derivative works of the Inputs for the purposes of operating, providing, improving, troubleshooting, and debugging Our Services (for example, Your acceptance or rejection of suggestions may help train Our suggestion engine); protecting Our Services (for example, to analyze patterns in usage to prevent abuse); customizing Our Services (for example, to create personalized suggestions for You); and/or developing new services or features. The license You give Us also permits Our service providers to assist Us in doing this. Peppy does not own, control, verify, or endorse Inputs or Outputs. You are responsible for all of Your Inputs and Outputs, and for checking the accuracy and relevance of any Outputs received.
- Intellectual Property Infringement. We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we remove submissions that we believe may violate intellectual property rights of others and may suspend your access to the Services (or any portion thereof) and/or terminate your account if you use the Services in violation of someone’s intellectual property rights.
Pursuant to Title 17 of the United States Code, § 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims. If you believe your copyright or other intellectual property right is being infringed by a user of the Services, please provide written notice to our agent for notice of claims of infringement at the registered agent’s address which can be obtained from the Secretary of State’s website.
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received a Digital Millennium Copyright Act of 1998 (“DMCA”) take-down notice.
- Third Party Sites. We may provide links to third-party websites. If we do, we are not obligated to review any third-party websites that you link to from the Sites or Services, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them. If we provide such links, you acknowledge that we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any third-party websites we may link from the Services, you do this entirely at your own risk.
- Our Automated Health Concierge Services strives to provide accurate and reliable results, but we cannot guarantee the accuracy or completeness of the information provided. Our Automated Health Concierge Service helps You navigate available resources on Our Sites through use of artificial intelligence (AI) technology. Due to the nature of machine learning, use of Our Automated Health Concierge Services may in some situations result in incorrect Outputs that does not accurately reflect real people, places, or facts. You should evaluate the accuracy of any Output as appropriate for Your use case, including by using human review of the Output, including seeking advice and guidance from Your usual healthcare provider. Peppy will not be responsible for any damage, loss, or harm caused by the use of the Automated Health Concierge Service, including any inaccuracies or inconsistencies in the results generated by the technology. Peppy makes no warranties or representations, express or implied, regarding the use or results of the Automated Health Concierge Service technology, including without limitation any warranties of accuracy, reliability, completeness, merchantability, or fitness for a particular purpose. You assume full responsibility for Your use of the technology and any results generated. To the fullest extent permitted by law, Peppy shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from the use or inability to use the Automated Health Concierge Services.
NONE OF THE AUTOMATED HEALTH CONCIERGE SERVICES CONTENT SHOULD BE CONSIDERED MEDICAL OR PROFESSIONAL ADVICE OR AN ENDORSEMENT, REPRESENTATION, OR WARRANTY THAT ANY PARTICULAR MEDICATION OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. FURTHER, PEPPY DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC DRUGS, TESTS, OTHER PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, “OFF-LABEL” DRUG USES, OR OTHER INFORMATION THAT MAY BE MENTIONED THROUGH AUTOMATED HEALTH CONCIERGE SERVICES. AUTOMATED HEALTH CONCIERGE SERVICES ARE NOT AN APPROPRIATE SUBSTITUTE FOR DIRECT IN-PERSON SERVICES.
- No Agency or Representations By Peppy. As noted above, Peppy does not practice medicine or nursing and does not exercise control or influence over Your Providers. Further, notwithstanding any term herein, Your Providers are not agents of Peppy, and you may not interpret any communications or transmissions to or from Your Providers to create an agency relationship and they may not be deemed at any time to be acting as an agent of Peppy.
You understand that by coordinating and in certain cases consulting with a Provider through the Service, you are not entering into a physician-patient relationship with Peppy. Peppy provides a platform and mechanism for enabling you to connect, chat, and videoconference with Providers. Peppy does not participate in the interaction between you and Providers and does not have control over the quality, reliability, timing, legality, integrity, authenticity, accuracy, appropriateness, provision, or failure to provide, or responsiveness of the information provided by or to Providers. Peppy makes no representations about any of these and assumes no responsibility for any of them. 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.
- Disclaimer Of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. BOTH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PEPPY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. PEPPY MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES PEPPY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PEPPY OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THE SERVICES ARE NOT INTENDED TO PROVIDE A SUBSTITUTE FOR YOUR OWN SOUND AND REASONABLY PRUDENT JUDGMENT. PERSONS USING THE SERVICES ASSUME FULL RESPONSIBILITY FOR THE USE OF THE SERVICES, MATERIALS AND OTHER INFORMATION PROVIDED AND AGREE THAT PEPPY IS NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, OR DAMAGE ARISING FROM THEIR USE. YOUR RELIANCE ON THE CONTENT OBTAINED OR USED BY YOU IS SOLELY AT YOUR OWN RISK EXCEPT AS PROVIDED BY LAW.
- Limitation Of Liability. YOU UNDERSTAND THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL PEPPY OR ANY OF OUR OWNERS, SUBSIDIARIES, AFFILIATED COMPANIES, EMPLOYEES, SHAREHOLDERS, OR DIRECTORS (“PEPPY AFFILIATES”) BE CUMULATIVELY LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. THE AGGREGATE LIABILITY OF PEPPY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES IS LIMITED TO FIVE (5) TIMES THE FEE THAT YOU PAID FOR SERVICES THROUGH THE SITE, OR U.S. $100, WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, and as a result some of the above disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under applicable law.
- Mutual Rights of Termination. You may terminate this Agreement, for any or no reason, at any time, upon notice to Peppy. Peppy may terminate, modify, restrict, or suspend your use of the Services, your account, and/or your registration without notice for any reason at any time. You understand that termination of your Agreement with Peppy and your account will not entitle you to any refund and may involve deletion of your information and any content you uploaded using such Account. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES OR DELETION OF YOUR ACCOUNT OR CONTENT UPLOADED BY YOU. OTHER AGREEMENTS WITH PEPPY MAY CONTAIN DIFFERENT TERMINATION PROVISIONS FOR A GIVEN SERVICE. IN SUCH CASES, TERMINATION PROVISIONS WITHIN OTHER AGREEMENTS SHALL GOVERN THE TERMINATION OF THOSE SERVICES.
- Dispute Resolution. YOU AND PEPPY AGREE THAT ALL CLAIMS ARISING OUT OF, OR RELATED TO, THIS AGREEMENT MUST BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION LOCATED IN NEW YORK, NEW YORK, AS ADMINISTERED BY JAMS OR AMERICAN ARBITRATION ASSOCIATION UNDER THE APPLICABLE RULES THEN IN EFFECT EXCEPT AS OTHERWISE AGREED BY THE PARTIES OR AS DESCRIBED BELOW. THE PARTIES AGREE THAT THE FEDERAL ARBITRATION ACT WILL NOT APPLY TO DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT. YOU AND PEPPY AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE COURTS LOCATED WITHIN NEW YORK COUNTY, NEW YORK, FOR THE PURPOSE OF LITIGATING ANY REFUSAL TO ARBITRATE. NOTWITHSTANDING THE ABOVE, YOU AGREE THAT PEPPY SHALL STILL BE ALLOWED TO APPLY FOR INJUNCTIVE REMEDIES (OR AN EQUIVALENT TYPE OF URGENT LEGAL RELIEF) IN ANY JURISDICTION. IN NO EVENT SHALL YOU SEEK OR BE ENTITLED TO RESCISSION, INJUNCTIVE OR OTHER EQUITABLE RELIEF, OR TO ENJOIN OR RESTRAIN THE OPERATION OF THE SERVICE, EXPLOITATION OF ANY ADVERTISING OR OTHER MATERIALS ISSUED IN CONNECTION THEREWITH, OR EXPLOITATION OF THE SERVICES OR ANY CONTENT OR OTHER MATERIAL USED OR DISPLAYED THROUGH THE SERVICES.
FOR ANY CLAIM (EXCLUDING CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF) WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS LESS THAN $10,000, THE PARTY REQUESTING RELIEF MAY ELECT TO RESOLVE THE DISPUTE IN A COST-EFFECTIVE MANNER THROUGH BINDING NON-APPEARANCE-BASED ARBITRATION, IN WHICH CASE PEPPY AND YOU MUST COMPLY WITH THE FOLLOWING RULES.
YOU AGREE THAT YOU AND PEPPY ARE EACH WAIVING ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless otherwise agreed, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
- Notices and Service of Process. We may notify you via postings on the App. You may contact us at firstname.lastname@example.org or via mail at:
Peppy Health Corporation
511 Ave of the Americas
New York, NY 10011
Peppy accepts service of process only through its agent for service at the registered agent’s address which can be obtained from the Secretary of State’s website.
Any notices that you provide without compliance with this section on Notices shall have no legal effect.
- Limited Time to Bring Claim. Where permitted by law, you and Peppy agree that any cause of action arising out of or related to the Services must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
If you have a question or complaints regarding the technology or the Sites, please contact us at one of the addresses described above.