Terms of service

Current as of November 20, 2023

Pathfinder Health, Inc.
Application Terms of Use
Last Modified: November 20, 2023

Acceptance of the Terms of Use:
These terms of use (“Terms of Use”) are entered into by and between you and Pathfinder Health Inc. ("Company", "we" or "us"). The following Terms of Use, together with our Privacy Policy found at app.pathfinder.health/privacy, govern your access to, and use of app.pathfinder.health, including any content, functionality and services offered on or through app.pathfinder.health ("Application").
Please read the Terms of Use carefully before you use the Application. By using the Application, you accept and agree to be bound and abide by the Terms of Use and Privacy Policy. If you do not agree with the Terms of Use and Privacy Policy, you may not use this Application.

This Application is offered and available to users who are 18 years of age or older. You must reside in the United States or a territory. By using this Application, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Application.
ANY USE OF THE APPLICATION BY ANY PARTY, INCLUDING YOU, IN ANY HIGH RISK APPLICATION IS DONE AT THE USER’S OWN RISK, WITHOUT ANY WARRANTY. AS USED HEREIN, A “HIGH RISK APPLICATION” IS ANY USE WHERE THE FAILURE OF THE SERVICE COULD CAUSE SERIOUS RISK, INCLUDING RISK OF INJURY TO PERSONS OR PROPERTY, OR A LIFE-THREATENING SITUATION, INCLUDING BUT NOT LIMITED TO, MEDICAL, EMERGENCY SERVICES, OR OTHER SIMILAR APPLICATIONS.

WE ARE NOT PROVIDING ANY MEDICAL ADVICE OR SERVICES VIA THE APPLICATION AND IT SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED PROFESSIONALS WHO ARE FAMILIAR WITH YOUR AND YOUR CHILD’S INDIVIDUAL NEEDS. PLEASE CONSULT YOUR DOCTOR AS NECESSARY.

IN THE CASE OF A MEDICAL EMERGENCY, DO NOT USE THESE SERVICES AND PLEASE DIAL 911.

Changes to the Terms of Use:
We may revise and update the Terms of Use from time-to-time in our sole discretion. Changes are effective immediately upon our posting of them, and apply to access to, and use of, the Application thereafter. Your continued use of the Application following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the Application so you remain abreast of any and all changes, as they are binding on you.

Account Creation and Access:
Account Registration: In order to access and use the Application, you must be over the age of 18 and register for an account (“Pathfinder Account”). You must provide and maintain accurate, current, and complete Pathfinder Account Information. Upon registration for a Pathfinder Account and subject to these Terms of Use, Pathfinder will make the Application available during the applicable Subscription Term, as described below, solely for your own internal purposes and in accordance with these Terms of Use.

Credentials: To set up and use your Pathfinder Account, you must create a user ID and password to access your account; You are responsible for maintaining the confidentiality of your Pathfinder Account credentials. You agree to immediately notify Pathfinder of any suspected or actual unauthorized use of your Pathfinder Account. You agree that you will be responsible and liable for all uses of the Application under your Pathfinder Account, including without limitation, compliance with all applicable laws and regulations. In addition to the other limitations of liability set forth below, you further agree that Pathfinder will not be liable for any cost, loss, damages, or expenses arising out of a failure by you to maintain the security of your Pathfinder Account.

Fees
After creation of your Pathfinder Account, you will have seven (7) days to use all of the features of the Application on a trial basis. Upon expiration of your trial period, access to certain premium features may be available only upon payment of fees. Premium services will be defined by Pathfinder in its sole discretion and may change from time to time. Basic features will be available to both free and paid subscribers. Some of the Application’s features may only be accessed and used after payment of applicable Fees.

NOTWITHSTANDING ANYTHING CONTAINED HEREIN, ANY FEATURES OF THE APPLICATION PROVIDED DURING A FREE TRIAL PERIOD IS PROVIDED "AS-IS" WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR INDEMNITIES.

Subscription Term: The Subscription Term for the paid Services begins once you register for your Pathfinder Account and pay and shall continue for one year(or such other period specified by Pathfinder) and THEN AUTOMATICALLY RENEW FOR SUCCESSIVE ONE YEAR TERMS UNTIL YOU CANCEL YOUR SUBSCRIPTION UNLESS YOU PROVIDE 30 DAYS PRIOR WRITTEN NOTICE OF YOUR INTENT NOT TO RENEW.

Application Changes, Cancellation, and Termination by You: You can change or cancel or delete your Pathfinder Account by following the steps outlined here. For the avoidance of doubt, the following do not constitute cancellation of your Pathfinder Account: (i) an email, chat, or phone request to cancel your Pathfinder Account; (ii) revoking or suspending any form of payment put on record with Pathfinder to pay your Pathfinder Account Fees; or (iii) any cancellation or termination confirmation from a party other than Pathfinder.

Your data. Upon termination of your subscription, your data will still be maintained by Pathfinder if you continue to use the basic version of the Application. If you wish to close your account, please email us at info@pathfinder.health.com We will delete your account and the related information at your request as soon as reasonably possible. Please note, however, that we reserve the right to retain information from closed accounts, including to comply with law, prevent fraud, resolve disputes, enforce these Terms of Use, and take other actions permitted by law.

In our sole discretion:

We may withdraw or amend the Application and any service or material we provide on it, without notice.
We are not liable if, for any reason, at any time, all or part of the Application is unavailable or inaccessible.
We may restrict access to parts of the Application, the entire Application, or to users, including registered users.
We may deny access to the Application, disable any username, password or other identifier, whether chosen by you, or provided by us, at any time, if, in our good-faith opinion, you have violated any provision of the Terms of Use.

Your additional obligations with respect to your access to, and use of, the Application:

You agree to be responsible for making arrangements necessary for your access to the Application and ensuring that persons who access the Application through your account or internet connection are aware of, agree to and shall comply with, the Terms of Use.
You acknowledge that the information you provide in order to register to use the Application, including through the use of interactive features on the Application, is governed by our Privacy Policy**.
You consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you agree you will not disclose it to any other person or entity.

ACKNOWLEDGEMENTS AND AGREEMENTS SPECIFIC TO DAYCARE PROVIDERS/SOCIAL WORKERS/RELATIVES/OTHER NON-HEALTHCAREPROVIDER USERS: As a trusted participant in the raising of the child, you have been given the ability to contribute valuable information you may have regarding your observations of the ongoing, development of the child. In addition to general terms contained herein, you acknowledge that you will be privy to, and access, highly confidential, personal information contributed by you and others within the person’s account to which you have been granted permission to access. You agree to keep all such information confidential and shall not disclose any information contained within this Application to anyone, regardless of relationship to the child, without the prior, written consent of the parent or legal guardian of such child.

ACKNOWLEDGMENTS AND AGREEMENTS SPECIFIC TO HEALTHCARE PROVIDERS: As a provider of healthcare services to the child, you are a critical component in both your contribution of valuable healthcare information, as well as your ability to provide ongoing advice regarding treatment options available to the parents/legal guardians of the child. You have been granted access to a portal which contains highly-sensitive, confidential, personal information of a child. In addition, you will also be contributing highly confidential, personal health information of a child. You agree to keep all information, directly or indirectly related to the child contained within this Application confidential and agree that you shall not disclose, discuss or in any way reveal the contents of the information contained herein, your recommendations or advice, whether contributed by you or others, without the prior, written consent of the parent or legal guardian of such child.

Intellectual Property Rights:
The Application and its entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

The Company name, the terms, logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans which may appear on the Application are the trademarks of their respective owners.

Permitted Uses:
The Terms of Use permit you to use the Application and services or materials available through it for your personal, non-commercial use only and only except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print (or download) one copy of a reasonable number of pages of the Application for your own personal, non-commercial use and not for further reproduction, publication or distribution.

If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

If we provide social media features with certain content, you may take such actions as are enabled by those features.

Acceptable Use Policy:
These Terms of Use among other things, prohibit you from, and you agree you will not:

reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit materials from the Application;
use illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;
delete or alter any copyright, trademark or other proprietary rights notices from copies of materials in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
use the Application for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
transmit, or procure the sending of, any advertising or promotional material, including "junk mail", "chain letter" or "spam" or any other similar solicitation;
impersonate the Company, a Company employee, another user or any other person or entity, including, without limitation, by using e-mail addresses associated with the foregoing;
use the Application in any manner that could disable, overburden, damage, or impair the site or interfere with, or restrict, any other party's use of the Application, including their ability to engage in real time activities through the Application;
use any robot, spider or other automatic device, process or means to access the Application for any purpose, including monitoring or copying any of the material on the Application;
use a manual process to monitor or copy any of the material on the Application or for any other unauthorized purpose without our prior written consent;
use a device, software or routine that interferes with the proper working of the Application;
introduce viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Application, the server on which the Application is stored, or any server, computer or database connected to the Application;
attack the Application via a denial-of-service attack or a distributed denial-of-service attack, or otherwise attempt to interfere with the proper working of the Application.

Mobile Application Acknowledgments:
There may be times when you agree to receive information from the us via SMS messaging (the “SMS Service”).
When you opt-in to the SMS Service, an SMS message will be sent to you to confirm your signup.

You can cancel the SMS Service at any time by simply texting "STOP" to the short code. After you send the SMS message "STOP" to us, an SMS message will be sent confirming that you have been unsubscribed. After this, you will no longer receive SMS messages. If you want to join again, just sign up as you did the first time and SMS messaging to you will restart.

If at any time you forget what keywords are supported, just text "HELP". After you send the SMS message "HELP", instructions will be sent setting out how to use the SMS Service as well as how to unsubscribe.

We are able to deliver messages to most US mobile phone carriers. Neither Pathfinder nor the carriers are liable for delayed or undelivered messages.

Message and data rates may apply for messages sent to you and/or by you. The frequency of the messages you can expect to receive will vary and is dependent on the selections you make within the Application and the age of your children. . If you have any questions about your text plan or data plan, you may consider contacting your wireless provider. For questions about the SMS Services, you can send an email to info@pathfinder.health.

Reliance on Information Posted by Us or Others
Information presented on or through the Application is made available solely for general information purposes. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, SAFETY, EFFECTIVENESS OR USEFULNESS OF THIS INFORMATION. RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM YOUR RELIANCE ON SUCH MATERIALS OR THAT OF VISITORS TO THE APPLICATION, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

The Application may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. Statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Application
We may update the content on this Application from time to time, but its content is not necessarily complete or up to date. Any of the material on the Application may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Application

Information we collect on this Application is subject to our Privacy Policy. By using the Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

SmartDetection review.
The audio and video recordings you submit for use with the SmartDetection product will be reviewed by human reviewers as well as shared with machine learning technology. The human and machine reviewers will use the audio and video recordings to perform the SmartDetection analyses. Furthermore, by accessing the SmartDetection feature, you agree that the results of your participation may be used in research projects and you consent to the use of such audio and video recordings for the purposes of additional research.

Links from the Application:
If the Application contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party applications linked to this Application, you do so entirely at your own risk and subject to the terms and conditions of use for such applications. We may disable all or any social media features and any links at any time without notice in our discretion.

Geographic Restrictions:
We are based in the state of Washington, in the United States. We provide this Application for use only by persons located in the United States. We make no claims that the Application or any of its content is accessible or appropriate outside of the United States. Access to the Application may not be legal by certain persons or in certain countries. If you access the Application from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties:
You acknowledge and agree that we cannot, and do not, guarantee or warrant that files available for downloading from the Internet or the Application will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

YOUR USE OF THE APPLICATION, ITS CONTENT AND ANY ITEMS OBTAINED THROUGH THE APPLICATION IS AT YOUR OWN RISK. THE APPLICATION, ITS CONTENT AND ANY ITEMS OBTAINED THROUGH THE APPLICATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE APPLICATION. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APPLICATION, ITS CONTENT OR ITEMS OBTAINED THROUGH THE APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APPLICATION, ANY APPLICATIONS LINKED TO IT, ANY CONTENT ON THE APPLICATION OR SUCH OTHER APPLICATIONS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION OR SUCH OTHER APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY APPLICATION LINKED TO IT.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification:
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your inappropriate use of the Application, or use of the Application's content, services and products other than as expressly authorized in these Terms of Use, including the Privacy Policy, or your use of information obtained from the Application.

Limitation on Time to File Claims:
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability:
No waiver of by the Company of a term or condition set forth in the Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under the Terms of Use shall not constitute a waiver of such right or provision.

If any provision of the Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement:
The Terms of Use constitute the sole and entire agreement between you and Pathfinder Health, Inc. with respect to your use of the Application and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Application.

If you wish to use material on the Application other than in a manner set out in the Terms of Use, please submit your request to: info@pathfinder.health.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Application in breach of the Terms of Use, your right to use the Application will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Application or any content on the Application is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Application not expressly permitted by the Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

These Terms of Use are governed by, and interpreted and construed in accordance with, the internal, substantive laws of the State of Washington without regard to conflict of laws principles. Any legal action relating to these Terms of Use will be brought solely and exclusively in the federal or local courts in Seattle Washington, and the parties agree to the exercise of personal jurisdiction by a local or federal court in Seattle, Washington and affirmatively and knowingly waive any right to contest such personal jurisdiction or to assert a claim that such courts and location represent an inconvenient forum or otherwise prejudice such party’s rights or ability to defend any such legal action.

Comments and Concerns. Communication and feedback relating to the Application should be directed to: info@pathfinder.health