IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, DIAL 911 IMMEDIATELY.
Sniffle’s Platform makes certain telehealth related information available to you and/or facilitates your access to telemedicine and expert medical services (“Services”). Sniffle owns and operates publicly available websites, (“Website”) and mobile applications that require you to create an account in order to use the Services (“Platform”). By using the Website and/or the Platform, you expressly agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you should immediately cease all use of and access to the Website and Platform.
Sniffle endeavors to provide an online tele-health video communication platform through which healthcare providers (“Providers”) can practice telemedicine by performing online, real-time, diagnostic encounters with patients (“Patients”). Sniffle’s role is limited to making certain telehealth software and related information available to you and/or facilitate your access to telemedicine, expert medical services and other related information and services.
Sniffle is not a healthcare or insurance provider, nor is it a prescription fulfillment warehouse and does not charge or collect fees for referral services. Sniffle may, through an artificial intelligence tool on the Platform (“AI Tool”), suggest diagnoses based on how you input your symptoms. The AI Tool is to be used purely for informational purposes and should not be depended on for an accurate medical diagnosis. Sniffle does not itself provide medical diagnoses, treatment, or advice. Such professional services are independently provided by physicians or other healthcare providers who use the Service to communicate with you at their sole discretion and medical judgment. Any information or advice received from a provider comes from them alone, and not from Sniffle. Sniffle is independent from the healthcare providers who will be providing such telemedicine services to you through the Platform and is not responsible for such healthcare providers’ acts, omissions, or for any content of the communications made by them. Sniffle makes no representations or warranties about the training, skill or qualifications of the healthcare providers who provide services via the Services. You are ultimately responsible for choosing your particular healthcare provider. Your interactions with the providers via the Service are not intended to take the place of your relationship with your regular healthcare practitioners.
PRIVACY AND SECURITY
- Your Responsibilities. You are responsible for maintaining the confidentiality of your user ID, PIN, and password, and you are responsible for all activities that occur using your user ID, PIN, and password. You agree not to share your password, let others access or use your password or do anything else that might jeopardize the security of your password. You agree to notify Sniffle if your password is lost, stolen, or if you become aware of any unauthorized use of your password or if you know of any other breach of security in relation to the Services. You are solely responsible for any and all use of your account and all activities that occur under or in connection with your account. Any information you provide when registering for an account, and otherwise provide through the Services, must be accurate, complete, and up to date. If there is a change in status in any information you provide you must change it immediately. You may change, correct, or remove information from your account by logging into your account and making the desired changes. If Sniffle terminates your account, you may neither register for a new account nor designate other individuals to use an account on your behalf.
- Miscellaneous. Sniffle may also use your personal information to contact you with newsletters, marketing, or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications. Because the Service is a hosted, online application, Sniffle occasionally may need to notify all users of the Service (whether or not they have opted out of email communications) of important announcements regarding the operation of the Services. You agree that Sniffle has the right to monitor and review your use of the Website and Platform from time to time, and to use “cookies”, “log files” and your “browsing data.” Providers you make an appointment with may also notify you via email, push notification, text, or phone for the purpose of providing reminders or other information.
- External Links. The Website and Platform may contain links to third-party websites. Linked sites are not under the control of Sniffle, and Sniffle is not responsible for the content of any linked site. Links are provided as a convenience only, and a link does not imply that Sniffle endorses, sponsors, or is affiliated with the linked site. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites; these Terms do not apply to other websites. Sniffle disclaims any and all liability for any information, including but without limitation, any medical and health treatment information set forth on linked sites.
- No Endorsements. 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 Sniffle. Any views expressed by third parties on the Website and Platform are solely the views of such third party and Sniffle assumes no responsibility for the accuracy or veracity of any statement made by such third party.
Access and Restrictions
- Access. Sniffle grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use the Platform in accordance with these Terms and Conditions. All rights not expressly granted to you are reserved by Sniffle and its licensors. In order to use the Platform, you will be asked to register an account and create login information, including without limitation, username and passwords. You must safeguard your login information that you use to access the Platform and you must not disclose this information to anyone.
- Restrictions. In using the Website and Platform, you agree not to:
- Send or otherwise transmit to or through the Website and Platform any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Website and Platform or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
- Misrepresent your identity or affiliation in any way;
- Restrict or inhibit any person from using the Website and Platform, disclose personal information obtained from the Website and Platform or collect information about users of the Website and Platform;
- Reverse engineer, disassemble or decompile any section or technology on the Website and Platform, or attempt to do any of the foregoing;
- Gain unauthorized access to the Website and Platform, to other users’ accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the Website and Platform;
- Launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access the Website and Platform in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
- Send or otherwise transmit to or through the Website and Platform chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;
- Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
- Violate any applicable laws or regulations in any way;
- Alter or modify any part of the content or services offered on or through the Website and Platform;
- Allow any other person to use the Platform with your registration or login information;
- Breach or otherwise circumvent Sniffle’s security or authentication measures;
- license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Services or its content in any way;
- modify or make derivative works based upon the Services or its content; or
- Assist or permit any persons in engaging in any of the activities described above.
- General. Sniffle makes the Platform available to allow you to access the Services via a mobile device or desktop computer. To use the Platform, you must have a mobile device that is compatible with the mobile service. Sniffle does not warrant that the Platform will be compatible with your mobile device. Sniffle hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Platform for one registered account on one mobile device owned or leased solely by you, for your personal use, or, if you are a Provider, owned or leased by you or your organization. You acknowledge that Sniffle may from time to time issue upgraded versions of the Platform, and may automatically electronically upgrade the version of the Platform that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the Terms and Conditions will apply to all such upgrades. The foregoing license grant is not a sale of the Platform or any copy thereof, and Sniffle and its third-party licensors or suppliers retain all right, title, and interest in and to the Platform (and any copy of the Platform). Standard carrier data charges may apply to your use of the Platform. If you are accessing the Services through Sniffle’s Platform, you acknowledge and understand that certain permissions may be required including, but not limited to, location services, camera access, read phone status and identity, view network, full network access, read Google service configuration, and prevent device from sleeping – allows the Platform to prevent the device from going to sleep. Some of these permissions may consume additional battery power or incur data usage or charges.
- Apple iOS. The following additional terms and conditions apply with respect to any Platform that Sniffle provides to you that is designed for use on an Apple iOS-powered mobile device (“our iOS App”). You acknowledge that the Terms and Conditions are not between you and Apple, Inc. (“Apple”). Your use of the Sniffle iOS App must comply with Apple’s then-current App Store Terms of Service. Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App. Apple is not responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: product liability claims; any claim that our iOS App fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation, and all such claims are governed solely by the Terms and Conditions. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App. You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using our iOS App). The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as the Terms relate to your possession or use of our iOS App. Upon your acceptance of the Terms, as a third-party beneficiary of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as they relate to your possession or use of our iOS App.
- Android. The following additional terms and conditions apply with respect to any Platform that Sniffle provides to you that is designed for use on an Android-powered mobile device (“our Android App”). You acknowledge that the Terms are not between you and Google, LLC, its parents or subsidiaries (“Google”). Your use of our Android App must comply with Google’s then-current Google Play Terms of Service. Google is only a provider of the Google Play application market where you obtained the Android App and Google is not responsible for our Android App, the Services, or any materials available thereon Google has no obligation or liability to you with respect to our Android App or the Terms. You acknowledge and agree that Google is a third-party beneficiary to the Terms as the Terms relate to our Android App.
- Registration and Account Creation. You need not register with Sniffle to view, visit, or browse through the Website to see the partial, publicly accessible information. However, to access the Services and the Materials (as defined below) offered, you must register with Sniffle for an account and receive a password. If you are a Provider, to use and access the Services, you must contract separately with Sniffle by agreeing to the Sniffle Terms of Service and Business Associate Agreement contained herein in order to create a Provider Account and begin inviting Patients to join your Sniffle practice. Providers may also be required to complete a short training and orientation session with Sniffle prior to activation of any account. Sniffle may cancel a Provider’s contract and their ability to access the services at any time for any reason.
- Your Responsibilities You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the Services, including those related to data privacy, international communications, and the transmission of technical or personal data. You shall: (1) notify Sniffle immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (2) report to Sniffle immediately and use reasonable efforts to stop immediately any copying or distribution of content of the Services that is known or suspected by you or your Users.
- Your representations and warranties By registering on the Platform, you represent and warrant the following:
- you are at least eighteen (18) years of age, or you are accompanied by a parent or guardian who can give informed consent on your behalf if you are under the age of 18 at the time of the consultation;
- you have the legal ability and authority to enter into these Terms and Conditions with Sniffle and if you are seeking services on behalf of a child, dependent, or other person for whose medical care you are responsible, your approval will bind such other person to these Terms and Conditions;
- the information you have provided to Sniffle in your registration is accurate and complete;
- if any information you provide to Sniffle becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify Sniffle;
- you acknowledge that any fees paid by you or by any other persons on your behalf are not provided in exchange for any undertaking by Sniffle or its representatives that such healthcare services will be made available to you;
- you acknowledge that any information obtained from the AI Tool is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment;
- accessing the Services from a state other than the service line you have requested or subscribed to is prohibited and you confirm that you are physically located in the state in which you are requesting the Services;
- the Services may not be reimbursable by Medicare, Medicaid, Tricare, or any other government healthcare program; and
- the Services may not be reimbursable by commercial insurers, managed care organizations, preferred provider organizations, or other payors and you will not seek reimbursement from any such payors for the cost of use of the Services where prohibited or otherwise not permitted by the payors.
- Patient/Provider Relationship. Sniffle is not a healthcare provider, and it does not itself provide medical diagnoses, treatment, or advice. Any information obtained from the AI Tool does not constitute medical diagnoses, treatment, or advice and should not be relied on as such. You should always seek the advice of your physician or other qualified health provider of choice with any questions you may have regarding a medical condition. Sniffle does not control or influence any healthcare service or medical advice a Provider may communicate to a Patient through the Services. Although Sniffle endeavors to facilitate communication between Patients and Providers, it does not control, supplant, intervene in, or interfere with a Provider and Patient’s provider/patient relationship. If a Provider uses the Services to communicate medical advice to a Patient, the Provider agrees that the Provider’s medical advice will be based on (1) the information that the Patient communicates to the Provider and (2) the Provider’s use of the applicable local standards of care. PROVIDERS ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ANY AND ALL FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS GOVERNING THE PRACTICE OF MEDICINE IN THE APPLICABLE JURISDICTION. Providers and Patients may not use the Services for active Patient monitoring, immediate clinical action, or continuous Patient monitoring. USERS MAY NOT USE THE SERVICES FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, CALL 911 OR GO TO THE NEAREST OPEN MEDICAL CLINIC OR EMERGENCY ROOM.
- If you are a Patient, creation of an account on Sniffle requires you to provide certain information, including your first and last name, date of birth, gender, physical mailing address, email address, and your mobile phone number and a valid user ID and password. We may also collect certain optional information that is not required to register for an account but may be helpful to Sniffle including your middle name or initial, home phone and other contact info, pharmacy name and contact details, picture, and communications preferences. Although not necessary to create an account, while using the Services, a Provider may require you to provide additional information such as health-related information.
- Patient Responsibilities. If you are a Patient, you acknowledge and agree that your relationship for healthcare services is with your Provider, not Sniffle, and you obtain healthcare services from Providers solely at your own risk, and you assume full responsibility for all risks associated therewith, to the extent permitted by law. By using the Services, you agree not to hold or attempt to hold Sniffle liable in any way for any malpractice or substandard treatment any Provider may render. Although Sniffle attempts to validate that each Provider is in good standing with their respective licensure board(s), before each time you use the Services, it is your sole responsibility to confirm separately that your chosen Provider is in good standing with the Provider’s licensing board(s). ALL SERVICES RENDERED THROUGH THE SNIFFLE SERVICE ARE THE FINANCIAL RESPONSIBILITY OF THE PATIENT AND NOT THE INSURANCE COMPANY. PROVIDERS MAY BILL THE PATIENT’S INSURANCE COMPANY AS A COURTESY TO THE PATIENT. PATIENTS ARE RESPONSIBLE TO ENSURE THAT THE PROVIDER IS PAID FOR THE SERVICES RENDERED. INFORMATION WILL BE MADE AVAILABLE TO PATIENTS TO ENABLE PATIENTS TO FILE WITH THEIR INSURANCE ON THEIR OWN BEHALF.
- Providers. If you are a Provider, creation of an account Sniffle requires you to provide certain information about your practice, including your first and last name, date of birth, gender, physical mailing address, email address, mobile phone number, and work phone number; NPI number, medical license number, the name of your medical practice, its physical mailing address, phone number, and fax number; a valid credit card number and a valid user ID and password. We may also collect certain optional information, including: your middle name or initial, your bank account or other payment information, other contact details, a picture, and communication preferences.
- Provider Responsibilities. If you are a Provider, you are solely responsible for every aspect of the healthcare services you provide to Patients during your use of the Services. You are also solely responsible for complying with all applicable laws required for your use of the Service, including, without limitation, any and all federal, state and local licenses and certifications required to practice medicine, including telemedicine. You are also responsible for obtaining your Patient’s informed consent to receive medical services through the Services. Although Sniffle has established reasonable safeguards and procedures to protect the security of Patient information, you as a Provider must also take steps to protect the privacy and confidentiality of your Patients’ information. Providers are required to comply with any and all privacy laws applicable to providing healthcare to Patients through the use of the Services, including, without limitation, the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Each Provider must enter a HIPAA Business Associate Agreement with Sniffle. Sniffle makes no warranties or representations regarding a Provider’s ability to bill third-party payors for any healthcare services provided to Patients using the Services. Providers are responsible for complying with all federal, state, and local laws in billing for the services provided to Patients using the Services.
- Prescriptions and Treatment. Although Providers using the Sniffle Platform can prescribe a wide range of medication, there is no guarantee that a certain prescription will be issued. It is up to the Provider to recommend the best treatment. Prescriptions for substances controlled by the DEA, and/or certain other drugs which may be harmful because of their potential for abuse may not be prescribed through use of the platform.
- Non-Exclusive Lists Responsibilities and Prohibited Activity. The listed prohibitions herein are examples and are neither complete nor exclusive. Sniffle reserves the right to (1) terminate access to your account and (2) refuse, delete or remove your Content; with or without cause and with or without notice, for any reason or no reason, or for any action that Sniffle determines is inappropriate or disruptive to the Services or to any other user of the Services. Sniffle may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Sniffle’s discretion, Sniffle will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Services or generally on the Internet.
- Our Content. Sniffle is the sole and exclusive owner of the Website and Platform, including any and all copyright, patent, trademark, trade secret and other ownership and intellectual property rights, in and to the Website and Platform and any related materials and documentation (“Materials”). Sniffle hereby grants to you a limited, personal, non-exclusive, and non-transferable license to use and to display Materials and to use the Services solely for your personal use. Except for the foregoing license, you have no other rights in the Services or Materials, and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit the Services or Materials in any manner. No title or ownership of the Website and Platform or any portion thereof is transferred to you hereunder. Sniffle reserves all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Website and/or Platform.
- Feedback. You may provide input, comments or suggestions regarding the Website and Platform or Services (“Feedback”). You acknowledge and agree that Sniffle may use any Feedback without any obligation to you and you hereby grant Sniffle a worldwide, perpetual, irrevocable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback as Sniffle may deem appropriate, without restriction, for any and all commercial and/or non-commercial purposes, in its sole discretion. You understand and agree that Sniffle is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in Feedback, and you have no right to compel such use, display, reproduction, or distribution.
- Trademarks. Sniffle is a trademark of Sniffle Health Inc. in the United States of America. Other trademarks, names and logos that are used in Materials on the Website or the Services are the property of their respective owners. Unless otherwise specified in the Terms, all information and webpages, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Sniffle and/or their owners. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license. Sniffle respects the intellectual property rights of others, and we ask you to do the same. Sniffle may, in appropriate circumstances and at our discretion, terminate service and/or access to the Services if you infringe the intellectual property rights of others.
PAYMENTS AND FEES
- Fees. The Sniffle Website is free to visit and the Platform is free to download. Some other features and benefits may also be accessed free of charge. When a Patient uses the Website or the Platform to schedule an appointment with a Provider and a Provider accepts an appointment with a Patient, Sniffle charges the provider and collects a software usage fee equal to our then-current price and in accordance with the terms of service that are set out in the Stripe Merchant Terms of Service. The software usage fee may be passed on and charged to the patient at the time of booking when a provider elects to charge patients a booking fee. Providers, at their sole discretion may or may not elect to charge patients a booking fee however Sniffle will collect the software usage fee from the Provider regardless of the Provider charging the patient a booking fee for all bookings whereby the Patient is not a Sniffle Plus Subscriber. As a Provider you agree to pay the then-current software usage fee when you accept an appointment for all patients other than Sniffle Plus users. Except as may be required by applicable law, any software usage fee you pay is non-refundable, even if, for any reason, the Patient or the Provider fails to keep the appointment.
- Subscription. Sniffle may offer Patients a subscription option which charges and collects a monthly fee in advance for use of the Service in exchange for waived booking and software usage fees and other premium features and benefits. If the subscription option is exercised, Sniffle will automatically renew and bill your/Patient’s credit card for the current subscription amount where applicable or as otherwise mutually agreed upon. Subscribers/you/Patients agree to provide Sniffle with complete and accurate billing and contact information. This information includes your legal name, street address, e-mail address, and telephone number. You agree to update this information immediately upon any change to it. If the contact information you have provided is false or fraudulent, Sniffle reserves the right to terminate your access to the Services in addition to any other legal remedies. Invoices will be billed in United States Dollars (USD) unless requested by you in advance of invoicing. If you believe your bill is incorrect, you must immediately contact us in writing regarding the amount in question to be eligible to receive an adjustment or credit. You irrevocably waive your right to challenge the accuracy of any bill, or otherwise receive an adjustment or credit to any bill, if you fail to notify Sniffle in writing within fifteen (15) calendar days after your receipt of the bill, that you believe the bill is inaccurate (setting forth an explanation of why).
- Payment. Patients must pay any service and required fees not covered by their insurance with a credit or debit card on the date the services are rendered or on which date Sniffle or the provider charges a booking fee. If Sniffle or Provider cannot charge your credit card or other payment method for any reason, Sniffle and Provider reserves the right to either suspend your account or otherwise prevent your access to the Services. By using the Services, you expressly agree that Sniffle and the Providers whose services you use are permitted to bill you and you will pay any applicable fees, any applicable tax, and any other charges you may incur in connection with your use of the Services. IF YOU CANCEL OR OTHERWISE FAIL TO KEEP AN APPOINTMENT FOR ANY REASON, YOU WILL NOT RECEIVE A REFUND OF ANY BOOKING OR SOFTWARE USAGE FEE.
- Obligations. You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable; provided, however, you are not obligated to pay any fees or charges for which another party (e.g., your employer or health plan) has contractually agreed to pay on your behalf. Payments may be made on a per-visit basis or monthly, consistent with the Initial Term, or as otherwise mutually agreed upon. All payment obligations are noncancelable, and all amounts paid are nonrefundable.
- Payment Processing. Sniffle may use a third-party payment processor (the “Payment Processor”) to link Sniffle to your credit card account. The processing of payments or credits, as applicable, in connection with your use of the Services will be subject to the terms, conditions, and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms and Conditions. Sniffle is not responsible for any errors by the Payment Processor or your credit card issuer.
- Cancellation. You understand and agree that for services provided on an appointment basis, if you fail to properly cancel a scheduled appointment at least 24 hours in advance of the appointment or if you are late to an appointment causing you to miss more than 40% of the allotted time for the appointment, you may be responsible for a missed appointment fee up to the greater of Sniffle’s then-current booking fee rate for the service type or the fees your insurer or other payor would have otherwise paid for the scheduled services had they taken place.
- Reschedule. Provide may in their sole discretion permit a Patient to reschedule an appointment without charging the Patient an additional software usage/booking fee, so long as the Provider agrees, the Patient accepts the new scheduled time, and the medical encounter using the Sniffle platform was never started. If the Patient and Provider have already started an encounter using the Sniffle platform, the Patient must schedule a new appointment if needed; and the corresponding fees must be paid for this new appointment.
- Reimbursement. Visit prices are set independently by each Provider. Prices commonly range between $40 and $180. Patients can view the price a specific Provider charges for the visit in their profile before booking a visit. Sniffle may check insurance eligibility for the Patient and provide an estimate of out-of-pocket/co-pay for a specific visit. This is only an estimate based on the data provided by the Patient’s current insurance provider according to their plan. A Provider may accept only the co-payment or collect the full amount depending on the Provider’s ability to collect any reimbursement from the Patient’s insurance provider. Patients are responsible to pay for their visit and must pay for the visit using a valid credit card. While Sniffle does not submit any insurance claims on behalf of patients, we may provide a detailed receipt for the visit that can be proactively submitted to an insurance provider. Reimbursement decisions will vary from plan to plan and from state to state.
- Taxes. Unless otherwise stated, you are responsible for any taxes (other than income tax) or duties associated with Sniffle’s sale of Services to you, including any related penalties or interest (“Taxes”). You agree to pay Sniffle for the Services without any reduction for Taxes. If Sniffle is required to collect from you or pay Taxes on your behalf, the Taxes will be charged to you, unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that no tax should be charged. If you are required by law to withhold any Taxes from your payment to us, you must provide us with an official tax receipt or other appropriate documentation to support such withholding. You must comply with any and all applicable tax laws, including the reporting and payment of any Taxes arising in connection with your use of Services. The reporting and payment of any such applicable Taxes are your responsibility.
- Additional Fees and Pricing Changes. We reserve the right to charge other fees for using various features of the Services, and we may change the price for our Services at any time. Sniffle will endeavor to provide reasonable notice of any additional fee or any price change by posting a notice on the Website or the Platform.
NON-PAYMENT AND SUSPENSION
- General. In addition to any other rights granted to Sniffle herein, Sniffle reserves the right to suspend or terminate these Terms and Conditions and your access to the Services if your account becomes delinquent (falls into arrears) where any invoice is unpaid after the invoice due date whether it is the responsibility of you or a third party to pay the invoice. Delinquent invoices (accounts in arrears) are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. You will continue to be charged for your subscription during any period of suspension. If you or Sniffle initiates termination of these Terms and Conditions, you will be obligated to pay the balance due on your account computed in accordance with the Charges and Payment of Fees section above. You agree that Sniffle may bill you for such unpaid fees or charges, unless another party (e.g., your employer or health plan) has contractually agreed with Sniffle to pay on your behalf. Sniffle reserves the right to impose a reconnection fee in the event your account is suspended and thereafter you request access to the Services.
- Termination. If you violate these Terms and Conditions, your ability to use the Website and/or Platform will be terminated. Sniffle may, in its sole discretion, terminate your access to the Website and/or Platform, or any portion thereof, for any reason whatsoever without prior notice. These actions are in addition to any other right or remedy Sniffle may have available at law. Further, Sniffle shall not be liable to you or any third party for any such termination or discontinuance. You may terminate these Terms and Conditions by ceasing to access and use the Website and Platform. Upon any termination of these Terms and Conditions you must immediately cease use of the Website and Platform. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination and your warranties and indemnities shall survive any termination of these Terms and Conditions.
- No delay or omission by Sniffle to exercise any right or power it has under these Terms and Conditions or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by Sniffle must be in writing and signed by an authorized representative of Sniffle.
- Entire Agreement. These Terms and Conditions constitute the entire agreement between you and Sniffle as it relates to the access to, and use of, the Platform and Website and the subject matter of these Terms and Conditions and supersede all prior or contemporaneous agreements, negotiations, representations, and proposals, written or oral between Sniffle and you.
LIMITATION ON LIABILITY
- NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT TO THE CONTRARY, UNDER NO CIRCUMSTANCES SHALL SNIFFLE (INCLUDING THE SNIFFLE SERVICE), ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANIES, EMPLOYEES, SUBCONTRACTORS, AGENTS, VENDORS, SUPPLIERS, AND LICENSORS BE LIABLE:
- IN ANY WAY FOR YOUR USE OF OR SUBSCRIPTION TO THE SNIFFLE SERVICE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS IN ANY CONTENT, INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR SUBSCRIPTION TO THE SNIFFLE SERVICE; OR
- FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER, ARISING FROM OR IN CONNECTION WITH THE SNIFFLE SERVICE, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE, OR OTHERWISE RESULTING FROM YOUR USE OF THE SNIFFLE SERVICE.
- YOU HEREBY RELEASE SNIFFLE (INCLUDING THE SNIFFLE SERVICE), ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANIES, EMPLOYEES, SUBCONTRACTORS, AGENTS, VENDORS, SUPPLIERS, AND LICENSORS AND HOLD THEM HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF ANY AND EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, RESULTING FROM YOUR USE OF OR ACCESS OR SUBSCRIPTION TO THE SNIFFLE SERVICE OR THE NEGLIGENCE OF SNIFFLE (INCLUDING THE SNIFFLE SERVICE), ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANIES, EMPLOYEES, SUBCONTRACTORS, AGENTS, VENDORS, SUPPLIERS, AND LICENSORS. TO THE EXTENT ALLOWED BY LAW, ANY LIABILITY OF SNIFFLE (INCLUDING THE SNIFFLE SERVICE), ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANIES, EMPLOYEES, SUBCONTRACTORS, AGENTS, VENDORS, SUPPLIERS, AND LICENSORS FOR ANY CLAIMS YOU MAY HAVE AGAINST THEM IS LIMITED TO THE PROPORTIONATE AMOUNT OF THE VISIT OR SUBSCRIPTION FEES ACTUALLY PAID BY YOU THAT ARE ATTRIBUTABLE TO THE APPLICABLE SERVICE, INCIDENT, OR AFFECTED PERIOD GIVING RISE TO SUCH CLAIM. THIS PROVISION EXPRESSLY DOES NOT INCLUDE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.
- YOU UNDERSTAND THAT BY AGREEING TO THIS CLAUSE, YOU ARE RELEASING CLAIMS AND GIVING UP SUBSTANTIAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN CERTAIN INSTANCES.
- Sniffle shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Sniffle’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
- The terms of these Terms and Conditions that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of these Terms and Conditions. You agree that the limitations of liabilities set out in these Terms and Conditions are fair and reasonable in the circumstances.
You agree to indemnify, defend, and hold Sniffle, its subsidiaries, affiliates, licensors, and suppliers, and their and our officers and directors, affiliates, subcontractors, employees, agents, and assigns harmless from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of the Services and any alleged violation by you of the Terms.
We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as we reasonably request. If you are a Provider, you will indemnify and hold harmless Sniffle and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of any Patient’s or other third party’s claim regarding or in connection with your use of the Services or breach of the Terms, to the extent that such liabilities, damages and costs were caused by you.
DISCLAIMERS AND ASSUMPTION OF RISK
- Disclaimer of Warranties – Functionality of Services
- Sniffle and its licensors make no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy, or completeness of the Services or its content.
- Sniffle and its licensors do not represent or warrant that:
- the use of or subscription to the Sniffle will be secure, timely, uninterrupted, or error-free or operate in combination with any other hardware, software, system, or data;
- the Services will meet your requirements or expectations;
- any stored data will be accurate or reliable;
- the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your requirements or expectations;
- errors or defects will be corrected; or
- the Services or the server(s) that make the Services available are free of viruses or other harmful components.
- Sniffle does not authorize any third party to make any of the foregoing representations or warranties on its behalf.
- The Services and all of its content is provided strictly on an “as is” basis.
- To the maximum extent permitted by applicable law, Sniffle and its licensors hereby disclaim all conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights.
- Assumption of Risk – Functionality of Services. The use of the Services or any portion of the Services is strictly at your sole risk. You hereby release Sniffle and its licensors from all claims which may result from the use of the Services or any portion of the Services, or the negligence of Sniffle or its licensors, but this provision expressly does not include any gross negligence or intentional misconduct. YOU UNDERSTAND THAT BY AGREEING TO THIS CLAUSE, YOU ARE RELEASING CLAIMS AND GIVING UP SUBSTANTIAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN CERTAIN INSTANCES.
- Disclaimers – Healthcare Services
- The Services does not provide healthcare services; the Services simply provides a system to facilitate communication with the Providers using Sniffle’s owned or licensed health information database and software. Sniffle verifies the state and national licensing status for all Sniffle-contracted Providers; however, it is your obligation to verify the state and national licensing status for all Providers who are not contracted by Sniffle. Such Providers may include, but are not limited to, Providers whose services are offered to you as part of a subscription or bundled services package by your employer, health plan, healthcare provider, or on the Sniffle website or hosted portal.
- SNIFFLE SPECIFICALLY DISCLAIMS ALL LIABILITY FOR THE ACTS OR OMISSIONS OF ANY PROVIDER PROVIDING MEDICAL CARE OR ADVICE (INCLUDING BUT NOT LIMITED TO PRESCRIBING MEDICATIONS) THROUGH THE SNIFFLE SERVICE.
- SNIFFLE FURTHER DISCLAIMS ALL LIABILITY (INCLUDING ANY LIABILITY FOR A REFUND) FOR THE FAILURE OF A NON-CONTRACTED PROVIDER TO RENDER CARE TO YOU OR OTHERWISE FULFILL THE TERMS OF SERVICE OF YOUR SUBSCRIPTION OR BUNDLED SERVICES PACKAGE. A NON-CONTRACTED PROVIDER IS A PROVIDER NOT DIRECTLY CREDENTIALED AND CONTRACTED BY Sniffle BUT WHOSE SERVICES MAY BE OFFERED TO YOU AS PART OF A SUBSCRIPTION OR BUNDLED SERVICES PACKAGE BY YOUR EMPLOYER, HEALTH PLAN, HEALTHCARE PROVIDER, OR ON THE SNIFFLE WEBSITE OR HOSTED PORTAL. SNIFFLE IS NOT RESPONSIBLE FOR PROVIDING YOU ADDITIONAL SERVICES PURCHASED VIA A SUBSCRIPTION OR BUNDLED SERVICES PACKAGE.
- The Services is not a replacement for your primary healthcare provider or annual office check-ups, nor is it a replacement for other treating. Consultations through the Services treat the majority of common medical and behavioral health conditions, however a small number of cases require an in-person visit for complete care. With respect to psychotherapy and counseling, you understand that information discussed in any sessions is for therapeutic purposes only and is not intended for use in any legal proceedings involving any other individuals participating in any sessions. You agree not to subpoena any Provider to testify for or against individuals (including you) participating in the sessions or to provide records in court actions against other individuals participating in any sessions. You understand that anything any individual participating in any session tells a Provider individually, whether on the phone or otherwise, may at the Provider’s discretion be shared with any other individual participating in the sessions.
- The Services is not an online pharmacy, nor is it a Medicare prescription drug plan. Providers using the Services do not, via the Services, prescribe elective medications, anticonvulsants, narcotic pain relievers, or drugs listed as controlled substances by the U.S. Drug Enforcement Agency or regulated under state law. Review the DEA Controlled Substances Schedule if you are interested in a particular prescription and are uncertain if it is listed as a controlled substance. Sniffle does not guarantee that a specific medication will be prescribed by a Provider if requested, particularly where prescribing of the medication is in violation of Sniffle’s policies or not medically appropriate, as determined by the Provider in the Provider’s sole discretion.
- The Services is not insurance and is not intended to replace health insurance; it is a telemedicine service available on a per-visit or membership basis. The offering of products and services by Sniffle is not to be construed as the sale of insurance product(s) or otherwise engaging in the transaction of insurance. Sniffle expressly reserves the right, in order to comply with state insurance laws, to (i) limit the number of visits offered in connection with any bundled services and subscription packages and/or (ii) charge a visit fee, both in an amount determined by Sniffle in its sole discretion.
- You authorize Sniffle to use and publish any comments you choose to share about the Services, such as comments shared in the Sniffle Patient Satisfaction Survey and/or via third-party service providers contracted for such purposes, unless specified otherwise. Sniffle will only publish the comments with your first name and the state of requested service.
- Sniffle does not warrant or validate any information provided by a third party (including, but not limited to, your employer, health plan, or the Providers) even if the information is about the Services, whether through advertisements, promotions, communications, or other materials, and does not assume any responsibility or liability for the accuracy of such information.
- Sniffle has the right to refuse access to the Services to any person, agency, or organization, at any time, for any reason, or for no reason at all.
- Internet Delays. The Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Sniffle is not responsible for any delays, delivery failures, or other damage resulting from such problems.
- Local laws; Export Control. Sniffle controls and operates the Services from its headquarters in the State of Arkansas in the United States of America, and the Service or Materials may not be appropriate or available for use in other locations. If you use the Services you are responsible for following applicable local laws and regulations.
- Choice of Law. The Terms will be subject to and construed in accordance with the laws of the State of Texas, United States of America, excluding its rules regarding conflicts of law. Foreign laws do not apply. You agree that any claim or dispute you may have against Sniffle must be resolved exclusively by a state or federal court located in the State of Texas, except as otherwise agreed by the parties or as described in the Arbitration subsection below. You hereby submit to the personal jurisdiction of any state or federal court located in Dallas Texas
- Arbitration. For any claim (1) raised by a resident of a country other than the United States of America; or (2) where the total amount of the award sought is less than ten thousand dollars ($10,000.00), you agree that Sniffle may elect to resolve the dispute in a cost-effective manner through binding, non-appearance-based arbitration. If Sniffle elects arbitration, you hereby agree to move any claims to the exclusive jurisdiction of an arbitration procedure, which shall be initiated through an established alternative dispute resolution (“ADR”) provider chosen by Sniffle. Arbitration expressly excludes claims for injunctive or other equitable relief. The ADR provider and the parties must comply with the following rules:
- the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration;
- the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and
- any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Notice. If you have any questions about the Terms and Conditions, or need to provide notice to, or communicate with, Sniffle under the Terms and Conditions, please contact Sniffle using the following contact details: Sniffle Health Inc., 2100 N. Greenville Ave. Suite 900 Richardson Texas 75082 or support@Sniffle.com or call us at (800) 510-1389.
- Contact. Sniffle may provide notices or communications to you on the Website and/or Platform and you agree that such notices shall constitute notice to you whether or not you actually access the notice. You expressly authorize, and specifically consent to allowing, Sniffle and any of Sniffle’s agents to contact you in connection with any and all matters relating to unpaid past due fees or charges you may owe Sniffle. You agree that, for attempts to collect unpaid past due fees or charges, Sniffle and any of its agents may contact you at any mailing address, telephone number, cellular phone number, email address, or any other electronic address that you have provided, or may in the future provide, to Sniffle. For attempts to collect unpaid fees or charges, you agree that in addition to individual persons attempting to communicate directly with you, any type of contact described above may be made using, among other methods, pre-recorded or artificial voice messages delivered by an automatic telephone dialing system, pre-set e-mail messages delivered by an automatic e-mailing system, or any other pre-set electronic messages delivered by any other automatic electronic messaging system.
- Assignment. These Terms and Conditions are personal to you, and are not assignable, transferable, or sublicensable by you except with Sniffle’s prior written consent. Sniffle may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
- Severance. Except as these Terms and Conditions specifically provides otherwise, if any part of these Terms and Conditions is held invalid or unenforceable, the rest of these Terms and Conditions remains in full force and effect.
- Duration. The rights, obligations, and commitments in the Terms and Conditions that, by their nature, would logically continue beyond the termination of your use of or access or subscription to the Services survive termination of your use of and access and subscription to the Services and these Terms and Conditions.
- Electronic documents. This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Changes to Services. Sniffle constantly changes and improves the Services. We may add, alter, or remove functionality from a Service at any time without prior notice. We may also limit, suspend, or discontinue the Service, or any feature of the Service, at any time in our sole discretion. If you object to any changes to the Services, your sole recourse will be to cease using them. Continued use of the Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services.
- Children. The Website and Platform are not intended for children under the age of 13. If you are under 18 years of age, please do not use or access the Website or Platform at any time or in any manner. By using the Website or Platform, you affirm that you are over the age of 18. Sniffle does not seek through the Website or Platform to gather personal information from or about persons under the age of 18 without the consent of a parent or guardian.
- Modifications. Sniffle may in its sole discretion, without prior notice to you, revise these Terms and Conditions at any time. Should these Terms and Conditions change materially, Sniffle will update the Effective Date noted above and post a notice regarding the updated Terms and Conditions on the Website. If you do not agree to the terms of the amended Terms and Conditions, your sole and exclusive remedy is to discontinue your use of the Website and Platform and you will be deemed to have terminated these Terms and Conditions. Amended Terms and Conditions will be effective as of the Effective Date unless otherwise stated. By accessing or using the Website and the Platform after such changes are posted you agree and consent to all such changes.
- Prescriptions. Physicians providing consultations through Sniffle may offer online prescriptions* for a wide range of products that deliver direct medicinal value. These include, but are not limited to, drug classes such as antibiotics and antihistamines. There is no guarantee that an online prescription will be issued on any consultation and online prescriptions will only be issued if the physician is able to gather the appropriate information to accurately diagnose and treat a given condition. Physicians will refer patients to their primary care physician or appropriate level of care when indicated. Physicians do not issue online prescriptions for substances regulated by the DEA, and/or those substances which may be harmful (potential for abuse or addiction).
For a current list of DEA controlled substances, click here.
It is important that expired, damaged, and unusable medications are disposed of properly. Please follow the instructions detailed on the FDA website at the following link: http://www.fda.gov/ForConsumers/ConsumerUpdates/ucm101653.htm regarding proper methods of disposing unused medicines.
*Online prescriptions will only be issued when indicated and approved by a physician, and as permitted by law in your state.