Terms and Conditions
Overview
Welcome to Rimo Health! By signing up for a Rimo Health Account or by using any Rimo Health Services, you are agreeing to be bound by the following terms and conditions (the "Terms of Service").
As used in these Terms of Service, "we", "us", "our", and "Rimo Health" means Rimo Health, LLC, and "you" means the Rimo Health User (if registering for or using a Rimo Health Service as an individual), or the business employing the Rimo Health User (if registering for or using a Rimo Health Service as a business) and any of its affiliates.
Rimo Health provides a telehealth platform that enables healthcare providers to deliver virtual care to patients. Any such service or services offered by Rimo are referred to in these Terms of Services as the "Service(s)". Any new features or tools which are added to the current Services will also be subject to the Terms of Service. You can review the current version of the Terms of Service at any time at rimohealth.com/terms.
You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service, including Rimo Health's Privacy Policy before you may sign up for a Rimo Account or use any Rimo Service.
1. Account Terms
To access and use the Services, you must register for a Rimo Health account ("Account"). To complete your Account registration, you must provide us with your full legal name, business address, phone number, a valid email address, and any other information indicated as required. Rimo Health may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.
You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
You confirm that you are receiving any Services provided by Rimo Health for the purposes of carrying on a business activity and not for any personal, household, or family purpose.
You acknowledge that Rimo Health will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you ("Primary Email Address"). You must monitor the Primary Email Address you provide to Rimo Health and your Primary Email Address must be capable of both sending and receiving messages.
You are responsible for keeping your password secure. Rimo Health cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Rimo Health.
2. Account Activation
The person signing up for the Service by opening an Account will be the contracting party ("Account Owner") for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Account Owner in connection with the Service.
If you are signing up for the Services on behalf of your employer, your employer will be the Account Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.
Based on your Rimo Health pricing plan, you can create one or more staff accounts ("Staff Accounts") allowing other people to access the Account. Each Staff Account must include a full legal name and a valid email account.
The Account Owner is responsible for: (a) ensuring its employees, agents, and subcontractors, including via Staff Accounts, comply with these Terms of Service; and (b) any breach of these Terms of Service by the Account Owner's employees, agents, or subcontractors.
3. Rimo Health Rights
The Services have a range of features and functionalities. Not all Services or features will be available to all Merchants at all times, and we are under no obligation to make any Services or features available in any jurisdiction. Except where prohibited in these Terms of Service or by applicable law, we reserve the right to modify the Services or any part thereof for any reason, without notice and at any time.
Rimo Health does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from any part of the Services, including if we determine in our sole discretion that the goods or services that you offer through the Services, or the Materials uploaded or posted to the Services, violate these Terms of Service.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any Rimo Health employee, member, or officer will result in immediate Account termination.
We reserve the right to provide our Services to your competitors and make no promise of exclusivity. You further acknowledge and agree that Rimo Health employees and contractors may also be Rimo Health customers or merchants and that they may compete with you, although they may not use your Confidential Information in doing so.
In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Rimo Health reserves the right to determine, in our sole discretion, rightful Account ownership and transfer an Account to the rightful Account Owner.
4. Your Responsibilities
You acknowledge and agree that the Rimo Health platform is not a healthcare provider, and any contract of service made through the Rimo Health platform is directly between you and the customer. You are responsible for the creation and operation of your Rimo Health account, your Materials, and all aspects of the transactions between you and your customer(s).
You are solely responsible for the services that you may offer through the Rimo Health platform (including pricing, required legal disclosures, regulatory compliance), including compliance with any applicable laws or regulations. You may not use the Rimo Health platform for any illegal or unauthorized purpose nor may you, in the use of the platform, violate any laws in your jurisdiction, the laws applicable to you in your customer's jurisdiction, or the laws of the United States.
You will comply with all applicable laws, rules and regulations (including but not limited to obtaining and complying with the requirements of any license or permit that may be necessary to operate your services) in your use of the Rimo Health platform and your performance of obligations under these Terms of Service.
5. Payment of Fees and Taxes
You will pay the Fees applicable to your subscription to Rimo Health's online platform and services ("Subscription Fees") and any other applicable fees. Together, the Subscription Fees and the other fees are referred to as the "Fees".
You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. Rimo Health will charge applicable Fees to any valid payment method that you authorize ("Authorized Payment Method"), and Rimo Health will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full.
Subscription Fees are paid in advance and will be billed in 30-day intervals (each such date, a "Billing Date"). You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the account holder via the Primary Email Address provided.
All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future ("Taxes").
You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Rimo Health's products and services.
Rimo Health does not provide refunds.
6. Confidentiality
"Confidential Information" will include, but will not be limited to, any and all information associated with a party's business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses, and other information regarding customers and prospective customers, product designs, sales, costs, price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary.
Each party agrees to use the other party's Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service. Each party agrees that it will take all reasonable steps to prevent the duplication, disclosure, or use of any such Confidential Information.
7. Limitation of Liability and Indemnification
You expressly understand and agree that, to the extent permitted by applicable laws, Rimo Health and its suppliers will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or relating to the use of or inability to use the Service or these Terms of Service (however arising, including negligence).
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Rimo Health partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (a) your breach of these Terms of Service or the documents it incorporates by reference; (b) your violation of any law or the rights of a third party; or (c) any aspect of the transaction between you and your customer.
Your use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis without any warranty or condition, express, implied, or statutory.
Rimo Health does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
Rimo Health does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
8. Intellectual Property and Your Materials
We do not claim ownership of the Materials you provide to Rimo Health; however, we do require a license to those Materials. You grant Rimo Health, LLC a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to host, use, distribute, expose, modify, run, copy, store, publicly perform, communicate to the public (including by telecommunication), broadcast, reproduce, make available, display, and translate, and create derivative works of any Materials provided by you in connection with the Services.
You agree that Rimo Health can, at any time, review and delete any or all of the Materials submitted to the Services, although Rimo Health is not obligated to do so.
You grant Rimo Health a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use the names, trademarks, service marks, and logos associated with your account ("Your Trademarks") to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
9. Additional Services
In addition to the terms applicable to Services generally, additional terms may apply to your access and use of certain Rimo Health Services. Rimo Health Services include the Rimo Health platform, the Rimo Health website, programs, documentation, apps, tools, internet-based services and components, and any updates thereto provided to you by Rimo Health, LLC.
Access to and use of the Rimo Health Services requires that you have an active and valid Account.
You can terminate your Rimo Health Services without terminating your Account or any other Services you subscribe to, and in such case, you will continue to be billed, and will pay for, the Services (other than the terminated Rimo Health Services).
10. Feedback and Reviews
Rimo Health welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances will any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, "Feedback") to Rimo Health be subject to any obligation of confidentiality or expectation of compensation.
By submitting Feedback to Rimo Health (whether submitted directly to Rimo Health or posted on any Rimo Health hosted forum or page), you waive any and all rights in the Feedback and that Rimo Health is free to implement and use the Feedback if desired, as provided by you or as modified by Rimo Health, without obtaining permission or license from you or from any third party.
11. Copyright and Intellectual Property
Rimo Health respects intellectual property rights and asks Rimo Health users to do the same. It's our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our users is infringing their intellectual property rights, they can send a notice to Rimo Health's designated agent.
Upon receiving a notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the user can reply with a counter notification if they object to the complaint.
12. Privacy and Data Protection
Rimo Health, LLC is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that Rimo Health's collection, usage, and disclosure of this personal information is governed by our Privacy Policy.
13. Governing Law
These Terms of Service will be governed by and interpreted in accordance with the laws of the State of Florida, without regard to principles of conflicts of laws.
The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Florida with respect to any dispute or claim arising out of or in connection with the Terms of Service.
14. Term and Termination
The term of these Terms of Service will begin on the date of your completed registration for use of a Service and continue until terminated by us or by you, as provided below (the "Term").
You may cancel your Account and terminate the Terms of Service at any time by contacting Rimo Health Support and then following the specific instructions indicated to you in Rimo Health's response.
Without limiting any other remedies, we may suspend or terminate your Account or the Terms of Service for any reason, without notice and at any time (unless otherwise required by law), including if we suspect that you have engaged in fraudulent activity in connection with the use of the Services.
Termination of the Terms of Service will be without prejudice to any rights or obligations which arose prior to the date of termination.
15. Modifications
We reserve the right, in our sole and absolute discretion, to update or change any portion of the Terms of Service at any time. We will provide you with reasonable advance notice of changes to the Terms of Service that materially adversely affect your use of the Services or your rights under the Terms of Service by sending an email to your Primary Email Address or by similar means.
Your continued access to or use of the Services after we provide such notice, if applicable, or after we post such updated terms, constitutes your acceptance of the changes and consent to be bound by the Terms of Service as amended.
If you do not agree to the amended Terms of Service, you must stop accessing and using the Services.
Rimo Health may change the Fees for the Services from time-to-time. We will provide you with 30 days advanced notice prior to any changes in Fees by sending an email to the Primary Email Account or by similar means.
16. General Conditions
The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Rimo Health, LLC, and govern your use of the Services and your Account, superseding any prior agreements between you and Rimo Health (including, but not limited to, any prior versions of the Terms of Service).
The failure of Rimo Health to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. If any provision of the Terms of Service is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service will remain in full force and effect.
If you have any questions about these Terms of Service, please contact us at:
Rimo Health, LLC
2273 Lee Rd
Winter Park, FL 32789
Email: hello@rimohealth.com
Last Updated: June 1, 2023