Communa Health Terms of Service

Last Updated: July 5, 2023


Welcome! Please read these Terms of Service carefully because they govern your access and use of Communa Labs Inc.’s (d/b/a “Communa Health”, and referred to throughout as “we,” “us,” or “our”), website at www.communahealth.com (the “Website”) and your use and engagement with our services (collectively, the “Services”). The terms “you” or “your” refer to the user or viewer of the Services. Please review the following terms carefully. By accessing or using our Services, you agree to comply with these Terms of Service. If you do not agree to these Terms of Service, please do not access or use the Website or our Services.

The Services are for informational purposes only, and are not intended or implied to be a substitute for professional medical advice for you or your family members. You are encouraged to confirm any information obtained from or through the Services with other sources, and review all information regarding any medical condition or treatment with your health care provider. YOU AGREE THAT YOU WILL NOT DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THE WEBSITE OR THE SERVICES. Communa Health does not recommend, endorse or make any representation about the efficacy, appropriateness or suitability of any specific tests, products, procedures, treatments, services, opinions, health care providers or other information that may be contained on or available through the Services. Communa Health IS NOT RESPONSIBLE NOR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU OBTAIN THROUGH THE SERVICES. If you believe that you or a family member is experiencing a medical emergency, please call a doctor, go to the emergency department, or dial 911 immediately.



1.     Acceptance 

You agree to the terms and conditions set forth in these terms of Service (the “Terms of Service”). These Terms of Services are the only agreement between us and you and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Services, the content, products or services provided by or through the Services, and the subject matter of these Terms of Service. You must be at least the age of legal majority where you live (which is currently 18 years old in most states) to use our Services. 


2.     Modifications

These Terms of Service may be amended at any time by us without specific notice to you. The latest Terms of Service will be posted on the Services, and you should review the Terms of Service prior to using the Services, so you are aware of any changes. If you do not agree with the proposed changes, you agree to discontinue your use of the Website and Services before the effective date of the changes. Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes.



3. Communication Methods and Consent to Communications

Participants consent to receive text messages and emails regarding surveys and other services from Communa Health. Participants acknowledge that these communications may be sent electronically and that text messages and emails are not always secure due to their transmission over networks that Communa Health does not control or own, and participants may be responsible for data costs associated with receiving SMS text messages. Participants may unsubscribe from these communications at any time by contacting the Communa Health team.


You should use particular caution when accessing the Services so that others are not able to view or record your personal information. We will not be responsible for any loss or damage if you do not protect your personal information. 


4.     HIPAA and Protected Health Information
During the service, participants may share information that qualifies as Protected Health Information (PHI) under the Health Insurance Portability and Accountability Act (HIPAA). While Communa Health is not currently considered a "covered entity" or "business associate" under HIPAA, we are committed to the security of your information and will provide industry standard data  protections for health information in accordance with relevant laws.



5.     Use of Services and Pilot Nature

(a)  You agree to use the Website and Services only for your own personal, non-commercial use. If you are registering on behalf of your family member, your family member may only use the Website and Services for their own personal, non-commercial use. Organizations, companies, and/or businesses are not permitted to, and should not use the Service. Illegal and/or unauthorized uses of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website or Service is prohibited. Use of the Service is with the permission of Communa Health, which may be revoked at any time, for any reason, in Communa Health’s sole discretion.

(b)  Certain sections of, or offerings from, the Services may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. We do not permit (i) any other person using the registered sections under your name; or (ii) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.

(c)   We reserve the right to close, suspend, or limit access to your account and/or the Services in the event that, in our sole discretion, (i) we are unable to obtain or verify identity or eligibility; (ii) the security of your account has been compromised; (iii) your account has been used in, or seems to have been used in, a nefarious manner; or (iv) we discover or have good faith reason to suspect you have breached the Terms of Service.

(d)  Communa Health is currently in a "Pilot" phase, which means that the terms and details of the service may change at any time. Certain Services are currently in development and may not be functional, in whole or in part. Some features may have limited, modified, late, or no availability. For more info on development of these features, and to provide feedback, please reach out to us at info@communahealth.com.

(e)   We reserve the right to close, terminate, suspend, or limit access to the Services for any reason.

 

6.     Copyright

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Services are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Services, except as allowed by these Terms of Service below, is strictly prohibited. You do not acquire ownership rights to any content or other materials viewed through the Services. The postings of information or materials on the Services does not constitute a waiver of any right in such information and materials. Some of the content on the Services is the copyrighted work of third parties.



7.     Trademarks 

Communa Health’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Communa Health or its affiliates or licensors. You must not use such marks without the prior written permission of Communa Health. All other names, logos, product and service names, designs, and slogans on the Website and Service are the trademarks of their respective owners.



8.     Limited License; Permitted Use

Communa Health retains all ownership rights, title and interest (including all intellectual property rights) worldwide to the Website and the Services, including to all software and content. No rights are granted to you other than as expressly set forth in these Terms of Service. You are granted a non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with these Terms of Service. All other rights are reserved. 



9.    Restrictions and Prohibitions on Use

Your license for access and use of the Services and any information, products, services and materials they contain (collectively defined as “Content”) therein are subject to the following restrictions and prohibitions on use:  you may not (a) copy, republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Services or any Content retrieved therefrom; (b) create compilations or derivative works of any Content from the Services; (c) use any Content from the Services in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (d) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Services; (e) make any portion of the Services available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (f) remove, decompile, disassemble or reverse engineer any software in the Services or use any network monitoring or discovery software to determine the Services architecture; (g) use any automatic or manual process to harvest information from the Services; (h) use the Services for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or non-existent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions or telephone solicitations; (i) use the Services in a manner that violates any state or federal law; (j) export or re-export the Services or any portion thereof, or any software available on or through the Services, in violation of the export control laws or regulations of the United States; and (k) use the Services in any way except as permitted by these Terms of Service.



10.  Errors, Corrections and Changes

We do not represent or warrant that the Services will be error-free, free of viruses or other harmful components, or that defects will be corrected. While we will make commercially reasonable efforts to ensure the Services remain operating at all times, we cannot guarantee a response time or that the Service will be uninterrupted.  We do not represent or warrant that the information available on or through the Services will be correct, accurate, timely or otherwise reliable or appropriate for your use. We may make changes to the features, functionality or content of the Services at any time. We reserve the right in our sole discretion to edit or delete any information or content appearing on the Services.



11.  Third-Party Content

Third-party content may appear on the Services or may be accessible via links from the Services. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Services. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and do not necessarily reflect our belief. Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by Communa Health.



12.  Independent Contractors

Any nurses or social workers that are matched with the participant are independent contractors and are not employees, agents, joint venturers or partners of the service. By communicating with such personnel, no patient relationship is established and you should not consider yourself a patient of such personnel. These individuals do not have any express or implied power to enter into any contracts or commitments or to incur any liabilities in the name of, or on behalf of the Service.



13.  Unlawful Activity

We reserve the right to investigate complaints or reported violations of these Terms of Service and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.



14.  Nontransferable

Your right to use the Services is not transferable or assignable. Any password or right given to you to obtain information is not transferable or assignable.



15.  Disclaimer

THE SERVICES DO NOT PROVIDE MEDICAL ADVICE. If you or a family member are experiencing an emergency, please contact 911 or go to your nearest emergency room. The information from the Services are provided “as-is,” “as available,” with “all faults”, and warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The information and services may contain bugs, errors, problems or other limitations. We and our Affiliated Parties have no liability whatsoever for your use of any information or services. No advice or information, whether oral or written, obtained by you from us through the Services or otherwise shall create any warranty, representation or guarantee not expressly stated in these Terms of Service.



16.  Indemnification

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers or information and documents, attorneys, advertisers, products and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of these Terms of Service or use of the Services.



17.  Limitation of Liability

IN NO EVENT SHALL COMMUNA HEALTH BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between us and you. The Services and the Content presented would not be provided without such limitations. The aggregate liability of Communa Health  in connection with any claim arising out of or relating to the Services and/or the Content provided herein or hereby shall not exceed $50 and that amount shall be in lieu of all other remedies which you may have against Communa Health.



18.  Use of Information; Feedback

We reserve the right, and you authorize us, to use and share all information regarding your use of the Services.  All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a “Submission”) will forever be our property. We will not be required to treat any Submission as confidential and will not be liable for the use of any ideas provided by you (including without limitation, product, service or advertising ideas). We will not incur any liability as a result of any similarities that may appear in our future products, services, or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.


We welcome your feedback, suggestions and comments for improvements to our Services (“Feedback”). You can submit Feedback by email, phone, or in writing. If you submit Feedback to us, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license, including any worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. We may use our license to such Feedback to use, copy, modify, create derivative works based on and otherwise use the Feedback for any purpose. At our request and expense, we may ask you to draft documents or take further actions as Communa Health may reasonably request to assist Communa Health in acquiring, perfecting, and maintaining its intellectual property rights and other legal protections for the Feedback.



19.  Severability

If any provision of these Terms of Service is found invalid or unenforceable pursuant to judicial decision, the remainder of these Terms of Service will remain valid and enforceable according to its terms. All terms that logically ought to survive the termination of these Terms of Service shall survive.



20.  Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services and the Content provided therein.



21.  Dispute Resolution; Governing Law and Jurisdiction

If you are located in, are based in, have offices in, or do business in a jurisdiction in which this section is enforceable, you understand and agree that any dispute, claim, or controversy arising under or in connection with these Terms of Service, including your use and access to the Services or any other content, including, but not limited to, claims as to whether any services rendered by Communa Health or persons employed or engaged by Communa Health were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered, shall be finally and exclusively resolved by binding arbitration under the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and Mediation Procedures and Consumer-Related Disputes Supplementary Procedures, and not by a lawsuit or resort to court process, except as California law provides for judicial review of arbitration proceedings. Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. It is your responsibility to pay any AAA filing, administrative and arbitrator fees as set forth in the AAA Rules.

You acknowledge and agree that both parties to the Terms waive the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. The parties further agree that the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate. Any such controversy or claim shall be arbitrated on an individual basis, unless both parties otherwise agree in writing. The arbitration shall be held in San Francisco County, California, U.S.A.


If for any reason a claim proceeds in court rather than arbitration, each party waives any right to a jury trial. You agree to the personal jurisdiction by and venue in the state and federal courts of San Francisco County in the State of California or a United States District Court, Northern District of California located in San Francisco, and waive any objection to such jurisdiction or venue.



22.  Contact Information

If you have any questions or concerns about these Terms of Service, please email us at info@communahealth.com.