Bend Health, INC. Terms of Service

Last Updated: October 20, 2021

1. Introduction

Welcome to the Bend Health, Inc. (“Bend Health,” “we,” “our,” and “us”) website, https://www.bendhealth.com.   Your access to and use of Bend Health services (which are designed to provide a telemedicine platform (the “Telemedicine Platform”) through which you can work with mental health and psychiatric providers to provide you with mental health services is governed by these terms of use (these “Terms”).  Please carefully read these Terms before using the Telemedicine Platform.

By using, accessing or visiting the Telemedicine Platform, you hereby signify and confirm your agreement to these Terms.

You must be at least 18 years of age to use the Telemedicine Platform, and children under the age of 18 must not use or register for the Telemedicine Platform.   If you are not yet of legal age to form a binding contract (in many jurisdictions, this age is 18), then you must get your parent or guardian to read these Terms and agree to them for you before you use the Telemedicine Platform. You represent that you are of sufficient legal age to use the Telemedicine Platform and to create binding legal obligations for any liability you may incur as a result of the use of the Telemedicine Platform.  If you are a parent or guardian and you provide your consent to your child’s registration with the Telemedicine Platform, you agree to be bound by these Terms with respect of your child’s use of the Telemedicine Platform.

You agree your visit, access to and/or use of the Telemedicine Platform are not contingent on the delivery of any current or future functionality or features or dependent on any oral or written public comments made by Bend Health or any of its affiliates subsidiaries, officers, directors, employees, shareholders, contractors, agents, advertisers, licensors, suppliers, partners or other representatives (collectively “Representatives”) regarding current or future functionality or features.

BY USING, DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING THE TELEMEDICINE PLATFORM OR ANY MATERIALS INCLUDED IN OR WITH THE TELEMEDICINE PLATFORM, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN YOU MAY NOT USE, DOWNLOAD, INSTALL, OR OTHERWISE ACCESS THE TELEMEDICINE PLATFORM.

2. Bend Health, Inc. Not a Medical Provider

You acknowledge and agree that Bend Health, Inc. is not itself a health care provider, and does not provide you with any medical advice.   Bend Health, Inc. provides a telehealth platform through which Bend Health Psychiatric Services New England, P.A. and the other affiliated physician practices listed below * (the “Practices”) can offer mental health services.*

Bend Health Psychiatric Services South, P.C. 
Bend Health Psychiatric Services South Central, P.A. 
Bend Health Psychiatric Services Atlantic, P.C. 
Bend Health Psychiatric Services Midwest, P.C. 
Bend Health Psychiatric Services Kansas, P.A. 
Psychiatric Telehealth Services, P.C. 
Roots Psychiatric Services, P.C.

Any content or other materials displayed or provided through the Telemedicine Platform are intended for general informational purposes only and are not intended to be relied upon and are not a substitute for professional medical advice of any health care provider in diagnosing and treating you as a patient based on your personal circumstances. Such content and other materials are intended to support the relationship between you and your healthcare providers that are part of the Practices, and not replace it. We are not liable or responsible for any actions taken due to your having read or been told about or otherwise accessed or used such content or other materials. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the content or other materials and information published on or through the Telemedicine Platform.

If you receive advice from a doctor or other qualified medical professional which conflicts with anything contained on the Telemedicine Platform then the professional advice should take precedence. Never disregard professional medical advice or delay in seeking it because of something you have read through this Telemedicine Platform. If you think you may have a medical emergency, call your doctor or 911 immediately. 

3. Use of the Telemedicine Platform by Medical Professionals

With your consent, the Telemedicine Platform is intended to be used by medical professionals and/or health care providers that are part of the Practices (the “Medical Professional(s)”) to provide their patients with mental health services (the “Clinical Services”) (where you as end user would be the “Patient(s)” or “User(s)”). Such access to and use of the Telemedicine Platform by the Medical Professional(s) you may select and designate as the Patient would enable such Medical Professional(s) to schedule appointments with you, provide Clinical Services to you and/ or send you messages containing your protected health information) shall require you (as the Patient) affirmative consent pursuant to the process set forth below (the “Informed Consent Process”) 

You understand and agree that if you accept an invitation to connect with a Medical Professional, you grant such Medical Professional access to all content (including any of your personal and health-related data) in Your Telemedicine Platform account.

You acknowledge and agree that connecting with multiple different Medical Professionals authorizes all of them to access Your Telemedicine Platform account.

You understand and agree that any decision by you to authorize a Medical Professional to access your account for the Clinical Services and/or receive messages (which Bend Health will use commercially reasonable efforts to attempt to send in an encrypted manner but where Bend Health cannot control the end-to-end encryption) containing protected health information from your Medical Professional  through the Telemedicine Platform is entirely voluntary and that any such Medical Professional may permit its/his/her staff and other authorized users within its/his/her facility or office to use the Telemedicine Platform (“Medical Professional Staff”) to access your account for purposes of providing Clinical Services and to communicate with you as well.  

You may revoke any Medical Professional's permission to access your account for the Clinical Services (and/or schedule appointments with you or send you messages containing protected health information from your Medical Professional through the Clinical Services). However, copies of all of your Personal Information previously disclosed to such Medical Professionals and incorporated into such Medical Professionals' records, if any, may remain in such records. Bend Health cannot, and has no obligation to, remove such information from the Medical Professional's records.

You understand and agree that if you accept an invitation to connect with a Medical Professional, you grant such Medical Professional access to all content (including any of your personal and health-related data) in Your Telemedicine Platform account.

Bend Health is relying on you to review and assess the qualifications of your Medical Professionals. Bend Health does not examine the credentials of, perform background checks on, or give its endorsement to any Medical Professional.

The steps of the Informed Consent Process are as follows:
·       You will create an account on the Telemedicine Platform and answer a set of questions;
·       You will request a mental health service from a Medical Professional;
·       You will receive and acknowledge by electronic agreement the HIPAA Notice of Privacy Practices from the applicable Practice; and
·       You will receive and agree to the Bend Health Psychiatric Services Informed Consent for Telemedicine Services. 

You can revoke your consent to receive Clinical Services via telemedicine as set forth in the Bend Health Psychiatric Services Informed Consent for Telemedicine Services.

4. Not an Emergency Service

Communications with Medical Professionals through the Clinical Services are not intended to be used for urgent or emergency situations. The Telemedicine Platform does not provide any emergency or urgent medical services.  PLEASE CALL 911 OR YOUR HEALTH CARE PROVIDER IF YOU BELIEVE THAT YOU ARE EXPERIENCING A MEDICAL EMERGENCY OR IF YOU NEED URGENT CARE.

5. Your AccountIn the course of registering for or using the Telemedicine Platform, you may be required to provide Bend Health  with certain information, including your name, email address, username and a password (“Credentials”). You are responsible for maintaining and protecting your Credentials in connection with the Telemedicine Platform. If your contact information, or other information relating to your username or password changes, you must notify Bend Health promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify Bend Health of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify Bend Health immediately.

6. Content and License from You

A variety of content may be made available through the Telemedicine Platform by Bend Health or its suppliers (“Bend Health-Supplied Content”). While Bend Health strives to keep the Bend Health-Supplied Content that it provides through the Telemedicine Platform accurate, complete, and up-to-date, Bend Health cannot guarantee, and is not responsible for the accuracy, completeness, or timeliness of any Bend Health-Supplied Content.

You acknowledge that you may also be able to create, transmit, publish or display information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) in addition to any other data that you enter in the Telemedicine Platform (including without limitation through the Bend Health application) including, but not limited to, your health information and other activity usage through use of the Clinical Services. All such information is referred to below as “User Content.”

You agree that you are solely responsible for (and that Bend Health has no responsibility to you or to any third party for) any User Content, and for the consequences of your actions (including any loss or damage which Bend Health may suffer) in connection with such User Content.   You also agree that you are also responsible for the actions of family members, friends, or other associated Users and for any User Content that such associated Users might upload, record, publish, post, link to, or otherwise transmit or distribute through use of the Telemedicine Platform or Clinical Services.

Bend Health may refuse to store, provide, or otherwise maintain your User Content for any or no reason. Bend Health may remove your User Content from the Telemedicine Platform at any time if you violate these Terms or if the Telemedicine Platform is are canceled or suspended. If User Content is stored using the Telemedicine Platform with an expiration date, Bend Health may also delete the User Content as of that date. User Content that is deleted may be irretrievable. You agree that Bend Health has no responsibility or liability for the deletion or failure to store any User Content or other communications maintained or transmitted through use of the Telemedicine Platform.

Bend Health reserves the right (but shall have no obligation) to remove User Content from the Telemedicine Platform, in its discretion.The Practices are responsible for maintaining any medical records resulting from Clinical Services, and will maintain and retain medical records in accordance with applicable law.

By submitting, posting or otherwise uploading User Content on or through the Telemedicine Platform you give Bend Health a worldwide, royalty-free, nonexclusive, fully sub-licensable, and perpetual license as set below:
·       With respect to User Content that you submit, post or otherwise make publicly or generally available through the Telemedicine Platform (such as postings made on any public forums), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content (in whole or part) worldwide via the Telemedicine Platform or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed for any legal purpose; and 
·       With respect to User Content that you submit, post or otherwise make available privately via the Telemedicine Platform (such as communications made to a specific user or User Content which you upload for your own personal use), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such User Content for the sole purpose of enabling Bend Health to provide you with the Telemedicine Platform. 

7. Proprietary Rights

You acknowledge and agree that Bend Health (or Bend Health’s licensors) own all legal right, title and interest in and to the Telemedicine Platform and that the Telemedicine Platform is protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights and laws (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

Except as provided in Section 5, Bend Health acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any content that you create, submit, post, transmit, share or display on, or through, the Telemedicine Platform, including any intellectual property rights which subsist in that content (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 Bend Health, you agree that you are responsible for protecting and enforcing those rights and that Bend Health has no obligation to do so on your behalf.

8. License from Bend Health and Restrictions on Use

Bend Health grants you a limited, personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software and Bend Health-Supplied Content provided to you as part of the Telemedicine Platform on a device that you personally own or control for your own personal non-commercial use. This license is for the sole purpose of allowing you to utilize the Telemedicine Platform to obtain Clinical Services from a Medical Professional. 

You may not directly or indirectly: (a) copy, distribute, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Telemedicine Platform 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 Bend Health, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Telemedicine Platform or any applications running on the Telemedicine Platform.

You may not directly or indirectly engage in any activity that interferes with or disrupts the Telemedicine Platform (or the servers and networks which are connected to the Telemedicine Platform).

You may not directly or indirectly access the Telemedicine Platform in a manner intended to avoid incurring fees.

You may not directly or indirectly access the Telemedicine Platform for the purpose of bringing an intellectual property infringement claim against Bend Health or for the purpose of creating a product or service competitive with the Telemedicine Platform.

You agree that you will not directly or indirectly upload, record, publish, post, link to, transmit or distribute User Content, or otherwise utilize the Telemedicine Platform in a manner that: (i) advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or any illegal activities; (ii) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or Bend Health, or any rights of publicity or privacy of any party; (iii) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate; (iv) promotes, solicits or comprises inappropriate, harassing, abusive, profane, obscene, hateful, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content, spam or activity; (v) is harmful to minors; (vi) utilizes or contains any viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, personal information, or property of another; or (vii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising).

You may not directly or indirectly use the Telemedicine Platform if you are a person barred from receiving the Telemedicine Platform under the laws of the United States or other countries, including the country in which you are resident or from which you use the Telemedicine Platform. You affirm that you are over the age of 13, as the Telemedicine Platform are not intended for children under 13.Use of the Telemedicine Platform requires third party services and equipment such as a compatible mobile device, internet access and a telecommunications carrier. Obtaining and maintaining the equipment and services necessary to use the Telemedicine Platform is your sole responsibility. Bend Health is not responsible for equipment defects, lack of service, dropped calls, or other issues arising from third party services or equipment. You are solely responsible for your use of the Telemedicine Platform on your mobile device and compliance with any applicable third party terms and payment of all applicable third party fees associated with any carrier service plan you use in connection with your use of the Telemedicine Platform (such as voice, data, SMS, MMS, roaming or other applicable fees charged by the carrier). You are also responsible for maintaining the confidentiality of your user name and password used to access the Telemedicine Platform. You will not directly or indirectly disclose or share your password with third parties or use your password for any unauthorized purpose. Any unauthorized use of your user identification or password is your responsibility. If you choose to use a persistent log-in, you should lock your mobile device when not in use to avoid any breach of the security of your information and/or misuse of your user name, password or the Telemedicine Platform. Bend Health is not in any way responsible for any such use by you or by any person using your user name or password, nor for any harassing, threatening, defamatory, offensive, or illegal messages or transmissions that you may receive as a result of using the Telemedicine Platform. Bend Health reserves the right, but does not assume the obligation, to remove any objectionable activity or language used in the Telemedicine Platform at any time. Bend Health reserves the right, but does not assume the obligation, to not publish or to terminate any communication, or posting it determines objectionable in its sole discretion. Use of the Telemedicine Platform is void where prohibited. You shall not use directly or indirectly the Telemedicine Platform to falsely state or otherwise misrepresent yourself or your affiliation with any person or entity; or to intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, U.S. regulations pertaining to the export of software from the U.S. to embargoed countries. You will ensure that the information you provide to us through the Telemedicine Platform is accurate and complete. We reserve the right to immediately terminate your use of the Telemedicine Platform should you fail to comply with any of the foregoing.

9. Pricing Terms

Please see pricing terms at https://bendhealth.com details regarding pricing for the Clinical Services.

10. Privacy Policies

The Telemedicine Platform is provided in accordance with our Privacy Policy, which can be found at bendhealth.com/website-privacy-policy. You agree to the use of your User Content and personal information in accordance with these Terms and Bend Health’s Privacy Policy.


11. Modification and Termination of Telemedicine Platform

Bend Health is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Telemedicine Platform which Bend Health provides may change from time to time without prior notice to you, subject to the terms in its Privacy Policy. Changes to the form and nature of the Telemedicine Platform will be effective with respect to all versions of the Telemedicine Platform; examples of changes to the form and nature of the Telemedicine Platform include without limitation changes to fee and payment policies, security patches, added functionality, automatic updates, and other enhancements. Any new features that may be added to the website or the Telemedicine Platform from time to time will be subject to these Terms, unless stated otherwise.

You may terminate these Terms at any time by canceling your account on the Telemedicine Platform. You will not receive any refunds if you cancel your account.

You agree that Bend Health, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Telemedicine Platform may be without prior notice, and you agree that Bend Health will not be liable to you or any third party for such termination.

Upon any termination of the Telemedicine Platform or your account these Terms will also terminate, but all provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, restrictions on use, warranty disclaimers, limitations of liability, indemnification, feedback, miscellaneous, third party beneficiary and this provision.

12. Changes to the Terms

These Terms may be amended or updated from time to time without notice and may have changed since your last visit to the website or use of the Telemedicine Platform. You can determine when these Terms were last revised by referring to the "Last Updated" date at the top of these Terms. It is your responsibility to review these Terms for any changes. By continuing to access or use the Telemedicine Platform after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Telemedicine Platform. Please visit this page regularly to review these Terms for any changes. 

13. DISCLAIMER OF WARRANTY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE TELEMEDICINE PLATFORM IS AT YOUR SOLE RISK AND THAT THE TELEMEDICINA PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.”

BEND HEALTH AND ITS REPRESENTATIVES MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE TELEMEDICINA PLATFORM, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BEND HEALTH AND ITS REPRESENTATIVES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE TELEMEDICINE PLATFORM WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE TELEMEDICINE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) THE TELEMEDICINE PLATFORM (INCLUDING WITHOUT LIMITATION USAGE DATE) WILL BE ACCURATE.

NOTHING IN THESE TERMS, INCLUDING SECTIONS 13 AND 14, SHALL EXCLUDE OR LIMIT BEND HEALTH’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.Please note that through the informed consent, the Practices will advise you how to connect with a Medical Professional or receive emergency medical services in the event your use of the Telemedicine Platform to receive Clinical Services is interrupted. 

14. LIMITATION OF LIABILITY

SUBJECT TO SECTION 12 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT BEND HEALTH AND ITS REPRESENTATIVES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, PERSONAL INJURY, WRONGFUL DEATH, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY) OR DAMAGES INCLUDING WITHOUT LIMITATION RESULTING FROM DELAY, INTERRUPTION IN SERVICES, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN SERVICES, ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND WHETHER OR NOT THERE IS NEGLIGENCE BY BEND HEALTH AND WHETHER OR NOT BEND HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES AND JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BEND HEALTH’S TOTAL LIABILITY TO YOU AND YOUR REPRESENTATIVES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT THAT YOU HAVE ACTUALLY PAID FOR THE SERVICES IN THE PAST TWELVE MONTHS, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.

15. Indemnification

You agree to defend, hold harmless and indemnify Bend Health, and its subsidiaries, affiliates, officers, directors, shareholders, agents, employees, advertisers, licensors, contractors, suppliers or partners (collectively “Bend Health and Partners”) from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Telemedicine Platform, (c) your violation of applicable laws, rules or regulations in connection with the Telemedicine Platform, and (d) your User Content, including without limitation any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.

16. Copyright Policy

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), we will respond expeditiously to claims of copyright infringement committed using the Telemedicine Platform if such claims are reported to our Designated Copyright Agent identified in the sample notice below.

DMCA Notice of Alleged Infringement (“Notice”)

·       Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
·       Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link or the exact location where such material may be found.
·       Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
·       Include both of the following statements in the body of the Notice:
– “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
– “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to our Designated Copyright Agent at hello@bendhealth.com Bend Health, Inc. at 2801 Marshall Ct, Madison, WI 53705.

17. Third-Party Content

The Telemedicine Platform may include hyperlinks to other web sites, as well as content or resources or email content provided by companies or persons other than Bend Health (“Third Party Content”). Bend Health has no control over such Third Party Content.

You acknowledge and agree that Bend Health is not responsible for the availability of any Third Party Content, and does not endorse any advertising, products or other materials on or made available through such Third Party Content.

You acknowledge and agree that Bend Health is not liable for any loss or damage which may be incurred by you or other users as a result of your use of or reliance upon Third Party Content, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or made available through, such Third Party Content.

18. Third Party Software

The Telemedicine Platform incorporates certain third party software (“Third Party Software”), which is licensed subject to the terms and conditions of the third party licensing such Third Party Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third Party Software.

19. Feedback

You may choose to or we may invite you to submit suggestions, feedback, comments or ideas (“Feedback”) about the Telemedicine Platform. By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Bend Health under any fiduciary or other obligation, and that we are free to use such Feedback without any additional compensation to you, and/or to disclose such Feedback on a non-confidential basis or otherwise to anyone.

20. Miscellaneous

These Terms, together with our Privacy Policy, and the documents you acknowledge and agree to during the Informed Consent Process, constitute the entire agreement between the parties relating to the Telemedicine Platform and all related activities. These Terms shall not be modified except in a writing signed by both parties or by a new posting of these Terms issued by us. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Bend Health to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Bend Health must be in writing and shall only apply to the specific instance identified in such writing. You may not assign these Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. These Terms and any action related thereto will be governed by the laws of the State of Minnesota without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in the state of Minnesota, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

21. Maintenance and Support Services

Any maintenance and support services made available by Bend Health are at the discretion of Bend Health, which may initiate or cease providing maintenance and support services at any time without notice to you.

22. Location Data

Bend Health, the Practices, or other providers or their partners may collect, maintain, process and use your location data, including the real-time geographic location of your mobile device as necessary to provide the Telemedicine Platform’s full functionality. By using or activating any location-based services on your mobile device, you agree and consent to Bend Health's, and such parties' collection, maintenance, publishing, processing and use of your location data to provide you with such services. You may withdraw this consent at any time by turning off the location-based feature on your mobile device or by not using any location-based features. Turning off or not using these features may impact the functionality of the Telemedicine Platform. Location data provided by the Telemedicine Platform is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Use of real time route guidance is at your sole risk. Location data may not be accurate. Neither Bend Health, nor such parties guarantee the availability, accuracy, completeness, reliability or timeliness of information or location displayed by the Telemedicine Platform.

23. Third Party Beneficiary

Bend Health and you acknowledge that the Practices are third party beneficiaries to these Terms. Upon your acceptance of these Terms, the Practices will have the right to enforce these Terms against you as a third party beneficiary. Aside from the Practices, there are no third party beneficiaries to these Terms.

24. Contact Us

If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Telemedicine Platform, please contact us at: hello@bendhealth.com

When submitting a complaint, please provide a brief description of nature of your complaint and the specific services to which your complaint relates.

 bendhealth.com/website-privacy-policy