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Thank you for choosing to engage with CallVida (“We,” “Us,” “Company,” “CallVida,” “CallVida.com”). These Terms of Use, in conjunction with the Privacy Policy, Acceptable Use Policy, and any other associated documents, outline the terms and conditions governing your access to and utilization of the health coaching services, mobile application, therapy, or any related services provided or managed by CallVida (collectively referred to as the “Services”). By accessing and utilizing the Services, including any content and features offered through them, you agree to abide by these Terms of Use and the terms outlined in this Agreement.
BEFORE COMMENCING YOUR USE OF THE SERVICES, WE STRONGLY ENCOURAGE YOU TO THOROUGHLY REVIEW THESE TERMS OF USE. THEY DELINEATE YOUR RIGHTS AND RESPONSIBILITIES REGARDING THE SERVICES. PLEASE BE AWARE THAT THESE TERMS OF USE INCLUDE PROVISIONS GOVERNING THE RESOLUTION OF DISPUTES, AS WELL AS AN AGREEMENT TO ARBITRATE, WHICH, WITH FEW EXCEPTIONS, MANDATES THAT YOU SUBMIT ANY CLAIMS AGAINST US OR OUR AGENTS TO BINDING ARBITRATION. IF YOU DO NOT UNDERSTAND THESE TERMS OF USE OR DO NOT AGREE TO THEM, PLEASE REFRAIN FROM USING ANY SERVICES PROVIDED BY CALLVIDA.
TO UTILIZE THE SERVICES, YOU MUST BE AT LEAST 13 YEARS OF AGE AND RESIDE IN THE UNITED STATES. BY USING THE SERVICES, YOU (OR, IF YOU ARE BELOW THE APPLICABLE AGE OF MAJORITY, YOUR PARENT OR LEGAL GUARDIAN) AFFIRM THAT YOU: (I) ARE AT LEAST 13 YEARS OLD, AND (II) ARE LOCATED IN THE UNITED STATES. ADDITIONALLY, YOU ACCEPT AND CONSENT TO ABIDE BY THESE TERMS OF USE. IF YOU ARE BELOW 13 YEARS OLD OR LOCATED OUTSIDE THE UNITED STATES, REGARDLESS OF YOUR AGE, YOU ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES. IF YOU ARE 13 YEARS OLD OR OLDER BUT BELOW THE AGE OF MAJORITY IN YOUR STATE OF RESIDENCE (I.E., A MINOR), YOUR PARENT OR LEGAL GUARDIAN MUST AGREE TO THESE TERMS OF USE ON YOUR BEHALF, AND YOU MAY ONLY ACCESS AND USE THE SERVICES WITH THEIR PERMISSION.
IF YOU ARE A PARENT OR LEGAL GUARDIAN AGREEING TO THESE TERMS ON BEHALF OF A MINOR, YOU ALSO ASSERT AND WARRANT THAT YOU HAVE REVIEWED AND ACCEPTED THESE TERMS ON BEHALF OF THE MINOR AND ON YOUR OWN BEHALF. AS A PARENT OR LEGAL GUARDIAN OF A MINOR UTILIZING THE SERVICES, YOU ACKNOWLEDGE THAT YOUR ACCESS AND USAGE OF THE SERVICES ARE SUBJECT TO THIS AGREEMENT.
WE RETAIN THE RIGHT TO MODIFY, ADD, OR REMOVE SECTIONS OF THESE TERMS OF USE, THE PRIVACY POLICY, THE NOTICE OF PRIVACY POLICY, AND ANY INCORPORATED DOCUMENTS AT ANY TIME AND AT OUR SOLE DISCRETION. YOUR CONTINUED USE OF THE SERVICES FOLLOWING THE PUBLICATION OF ANY ALTERATIONS INDICATES YOUR ACCEPTANCE AND AGREEMENT TO SUCH MODIFICATIONS. IT IS YOUR RESPONSIBILITY TO REGULARLY CHECK THESE TERMS OF USE FOR ANY CHANGES.
“Acceptable Use Policy” refers to the Acceptable Use Policy provided herein.
“App” pertains to our mobile application accessible via the Apple App Store.
“Authorized User(s),” “You,” “Your” denotes an individual who enters into this Agreement with CallVida.
“Confidential Information” indicates information disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”), whether verbally or in writing, that is classified as confidential or reasonably understood to be confidential given the information’s nature and disclosure circumstances. Confidential Information excludes any data that: (i) the Receiving Party was privy to before its disclosure by the Disclosing Party without breaching any obligations owed to the Disclosing Party; (ii) becomes widely known to the public without breaching any obligations owed to the Disclosing Party; (iii) is obtained from a third party without breaching any obligations owed to the Disclosing Party; or (iv) was autonomously developed by the Receiving Party without access to the Disclosing Party’s Confidential Information.
“Content” includes information generated by CallVida and accessible to Authorized Users through the Services, or information procured by CallVida from publicly accessible sources or third-party content providers and provided to Authorized Users through the Services.
“Documentation” refers to any documentation (online or otherwise) disseminated by the Company to You detailing the Services or any support furnished for the Services.
“Malicious Code” encompasses code, files, scripts, agents, or programs devised to cause harm, such as viruses, worms, time bombs, and Trojan horses.
“Services” denotes the CallVida services that You order (or are granted under a trial period) and made accessible online by CallVida, including linked offline or mobile components, as delineated in the Documentation. “Services” do not encompass Content and Third-Party Technology. Furthermore, Services encompass any on-site Services provided by CallVida at the request of a CallVida customer.
“Third-Party Technology” signifies: (i) a web-based, mobile, offline, or other software application, technology, or functionality, or (ii) any third-party device or product, available to Authorized Users and interoperating with, or used by an Authorized User, concerning a Service.
“Your (User) Data” encompasses electronic data and information submitted by or for an Authorized User to the Services, excluding Content and Third-Party Applications. Your Data may encompass Protected Health Information (“PHI”) as delineated under the Health Insurance Portability and Accountability Act of 1996, as amended, and all regulations implemented thereunder (collectively, “HIPAA”), or Personally Identifiable Information (“PII”) as defined under applicable laws and regulations concerning data privacy.
Registration. Your healthcare provider, health plan, pharmacy benefit manager, or employer will notify You of your eligibility to partake in the Service as an “Authorized User.” To become an Authorized User, You must register for the Services and furnish specific information about yourself. We will verify your entitlement to receive the Services and establish an Authorized User account on your behalf, which You will subsequently employ to access and utilize the Services. All information we gather about You regarding the Services is subject to our then-current Privacy Policy. We also monitor specific Authorized User interactions with the App, encompassing viewing a page, tapping a button, time spent on a page, time for a page to load, and data entered into the App. You must provide the Company with precise, comprehensive, and up-to-date registration information. Failure to do so constitutes a breach of these Terms, potentially resulting in the immediate termination of your account. You are prohibited from using a false name, email address, or phone number, or furnishing information with the intent to impersonate another individual. You guarantee that all information You submit to us is accurate and truthful.
By utilizing the Services, You consent to all actions taken by us concerning Your information in compliance with the Privacy Policy, including being contacted via email, text message (SMS), phone, or other electronic means.
Your Authorized User account is strictly for personal use and necessitates a unique username and password. You are accountable for all activities conducted under your account. By using the Services, you affirm that you will: (i) ensure the accuracy, legality, and appropriateness of all data you provide; (ii) maintain the confidentiality of your login credentials; (iii) take reasonable measures to prevent unauthorized access and promptly report any such breaches; and (iv) adhere to relevant laws when utilizing the Services.
Subject to the terms outlined in this Agreement, CallVida grants you a non-transferable right to access and use the Services solely for personal purposes. The Services are intended for use by Authorized Users within the United States and rely on electronic delivery of technology, software, and content. Any misuse or threat to the Service’s security may result in suspension, with reasonable notice provided. Except as expressly permitted, no other licenses or rights are granted.
CallVida provides Services to support individuals in achieving health goals through lifestyle changes. It’s advisable to consult a healthcare provider before starting the Services. Individual results may vary, and while Health Coaches offer support and practical advice, they do not provide medical services. Therapists, on the other hand, are trained professionals offering mental health support.
This Agreement begins upon successful registration and continues indefinitely unless terminated as outlined herein. CallVida reserves the right to suspend or terminate access for breach of terms or conduct detrimental to the company. Termination may also occur for the company’s convenience, with any prepaid fees for unused services refunded.
Payment for Services is typically handled by employers or health plans. In the absence of such arrangements, you are responsible for payment. CallVida may bill insurance as a courtesy, but you’re accountable for any uncovered expenses.
All rights to the Services, including technology and content, belong to CallVida or third parties. You grant a license for feedback provided.
Accessing the Services involves accessing confidential information, which must be safeguarded. Both parties agree to use such information only as permitted, not disclose it to third parties, and return or destroy it upon request. Exceptions apply as compelled by law.
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Telehealth refers to the delivery of healthcare services, including diagnosis, consultation, treatment, exchange of medical data, and education, utilizing interactive audio, video, or other data communication methods. By signing this document and agreeing to participate in the Services, you authorize engagement in telehealth, which may involve internet, email, or telephone-based interactions with your healthcare provider.
Your CallVida healthcare provider may request your consent to release or exchange information with other healthcare providers to coordinate your care. Communication between you and your CallVida healthcare providers may occur through interactive audio, video, or other data communication means. Your medical or mental health information within telehealth practice remains confidential unless otherwise permitted by you or required by law, as outlined in the Privacy Policy.
Telehealth services through the App offer various benefits, including convenient appointments with your healthcare provider and easier access to your health information. However, potential risks such as service disruptions, unauthorized data interruptions, or misunderstandings through chat messaging exist. Your CallVida healthcare provider will explain the procedures for handling technical difficulties during or between sessions. You can also contact CallVida customer support team at support@CallVida.com for assistance with technical issues related to the Application.
It’s important to note that while the CallVida website and email communications are encrypted, CallVida cannot be held responsible for any breach of confidential information transmitted via unencrypted email, text, or phone messages.
Any communication or material sent through the Services, such as questions, comments, or suggestions, is considered non-confidential, as outlined in the Privacy Policy.
Information provided through the Services is for general informational purposes only. We do not guarantee the accuracy or completeness of this information, and reliance on it is at your own risk. The Services may provide information on health and wellness, but it should not be considered medical advice. Always consult a licensed medical practitioner for medical advice.
We reserve the right to modify or withdraw the Services or associated materials at any time without liability. While we strive to maintain current information, we cannot guarantee that the Services’ content is always up-to-date.
Specific terms and conditions apply if you are using the App from the Apple App Store, as detailed in the agreement.
We provide access to third-party technology or services for your convenience, but we do not endorse or warrant such third-party technology. Your use of third-party technology is at your own risk, and you should review the applicable terms of use and privacy policies.
We warrant that the Services will substantially perform as described in the documentation. If there is a breach of this warranty, your sole remedy is a refund of applicable fees paid.
Except for the warranty mentioned above, CallVida disclaims all warranties to the maximum extent permitted by law. We do not guarantee uninterrupted or error-free access to the Services or the accuracy of content. The Services are provided “as is,” and we disclaim all liability arising from your use of the Services.
Except where prohibited by law, CallVida liability for any damages resulting from your use of the Services is limited to the fees paid by you during the preceding twelve-month period.
You agree to indemnify and hold CallVida harmless from any claims arising from your use of the Services, including claims related to your data or violation of applicable law.
The Services are intended for users in the United States and may not be available in all locations. Any offers made through the Services are void where prohibited.
All matters related to your use of the Services are governed by United States law and the laws of the State of Illinois.
You acknowledge and agree that CallVida is a platform designed to connect users with healthcare providers for telehealth services. CallVida does not provide medical diagnoses or treatment itself. The healthcare providers accessible through CallVida are independent professionals responsible for their own diagnoses and treatments. CallVida does not endorse or guarantee the accuracy, completeness, or effectiveness of any diagnosis, treatment, advice, or other information provided by healthcare providers through the platform.
You understand and agree that CallVida shall not be liable for any damages, claims, or losses arising out of or in any way connected to the diagnoses, treatments, advice, or other information provided by healthcare providers through the platform. You expressly release CallVida, its affiliates, officers, directors, employees, agents, and successors from any and all liability for any such damages, claims, or losses.
You acknowledge that the information provided through CallVida is not intended to replace professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on or through CallVida.
You understand and agree that the use of CallVida does not establish a physician-patient relationship between you and CallVida or any healthcare provider accessible through the platform. The interactions between you and healthcare providers through CallVida do not create any duty of care on the part of CallVida.
You agree to indemnify, defend, and hold harmless CallVida, its affiliates, officers, directors, employees, agents, and successors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or in any way related to your use of CallVida or any services provided by healthcare providers accessible through the platform.
CallVida shall not be liable for any actions or omissions of healthcare providers accessible through the platform, including but not limited to the quality of care provided, the accuracy of diagnoses, or the appropriateness of treatments.
Disputes will be resolved through individual arbitration or small claims court, and you waive the right to participate in class actions. You may opt out of arbitration within thirty days of accessing or using the Services.
General Counsel
CallVida LLC.
17320 Oak Park Ave Tinley Park IL 60477
“Disputes” include, but are not limited to, any claims or controversies against each other in any way related to or arising out of our Services, these Terms of Use, or Acceptable Use Policy or our Privacy Policy, even if the claim arises after Services have terminated. Disputes also include, but are not limited to, claims that: (a) You or an authorized or unauthorized user of the Services bring against our employees, agents, affiliates, or other representatives; (b) You bring against a third party that are based on, relate to, or arise out of in any way our Services or these Terms of Use; or (c) that the Company brings against You. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between You and the Company, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims or any other legal theory; (ii) claims that arose before this agreement or out of a prior agreement with the Company; and/or (iii) claims that arise after the termination of these Terms of Use.
Dispute Notice and Dispute Resolution Period. Before initiating an arbitration or a small claims matter, You and the Company each agree to first provide to the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute to the Company should be sent to:
General Counsel
CallVida LLC
17320 Oak Park Ave Tinley Park IL 60477-
The Company will send a Notice of Dispute to the email address associated with your user account.
You will be assigned a designated representative by the Company to work towards resolving your Dispute satisfactorily. Both parties agree to attempt resolution before initiating arbitration or small claims action. If an agreement cannot be reached within forty-five (45) days of receiving the Notice of Dispute, either you or the Company may proceed with arbitration or small claims action.
1. Unless mutually agreed upon otherwise, arbitration will be conducted by a single, neutral arbitrator in the county where the Services were rendered. The arbitration will be governed by either mutually agreed-upon rules or the JAMS Comprehensive Arbitration Rules & Procedures (the “JAMS Rules”), with modifications, including rules regarding filing, administration, discovery, and arbitrator fees. The JAMS rules can be found on their website at www.jamsadr.com
All issues regarding the Dispute are delegated to the arbitrator to decide.
2. The Federal Arbitration Act (“FAA”) governs this Agreement and arbitration provision. The FAA’s provisions, not state law, determine whether a Dispute is subject to arbitration. If this agreement conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness, the Minimum Standards will apply. However, this paragraph does not allow arbitration on a class-wide, representative, or consolidated basis.
3. The arbitrator may only award declaratory or injunctive relief in favor of the individual seeking relief and only to the extent necessary. Both parties agree to bring claims against each other only on an individual basis and not as part of a class or representative proceeding.
4. Each party is responsible for their respective costs, including legal fees and witnesses. The Company will cover filing or case management fees associated with arbitration and the arbitrator’s professional fees.
5. The arbitrator’s decision will be in writing and final, with limited court review under the FAA. The award may be entered as judgment in any court with jurisdiction.
6. Alternatively, Disputes may be resolved in small claims court in the county where the Services were provided. This arbitration agreement does not prevent you from bringing your Dispute to the attention of federal, state, or local government agencies, if permitted by law.
The arbitrator will issue an award explaining the decision, findings, and conclusions supporting it.
If any claim arising from or related to this Agreement proceeds in court rather than arbitration, both parties agree that, to the extent permitted by law, there will be no jury trial or class action. Both parties unconditionally waive the right to trial by jury and to pursue Disputes on a class-wide basis.
The Company’s failure to enforce strict performance of these Terms of Use will not waive its right to enforce these Terms. Conduct between the Company and you or any other party will not modify these Terms.
If any provision of these Terms is deemed invalid or unenforceable, it will be limited or replaced to the minimum extent necessary. The remaining provisions will remain valid and enforceable.
The Services and associated technology may be subject to export laws and regulations. Each party represents that it is not on any U.S. government denied-party list and will not use the Service in violation of U.S. export law.
You may not assign any rights or obligations under these Terms without the Company’s written consent.
These Terms, along with the current Acceptable Use Policy and Privacy Policy, constitute the entire agreement between us, superseding all prior agreements. Any attempt to modify this Agreement must be in writing and signed by both parties.
For inquiries regarding the Services or these Terms, contact us by mail at CallVida LLC, 17320 Oak Park IL 60477, or by email at support@CallVida.com.
Under California Civil Code Section 1789.3, California users of the Services have specific consumer rights. Contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs for assistance.
© 2024 CallVida LLC
Acceptable Use Policy:
While using the Service, you agree to adhere to the following Acceptable Use Policy:
You will not:
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