QURE4U PLATFORM AND SERVICES TERMS OF USE
Qure4u, Inc. (“Qure4u”) has created a secure online platform accessible via the Qure4u application and web interface (the “Platform”) and related services such as telehealth services, remote patient monitoring services, and patient experience services (collectively, the “Services”). The Services allow our registered users (“Registered Users”) to perform a variety of functions, such as gain access to and share health information, communicate with their licensed treating providers that have registered with Qure4u (“Registered Provider(s)”), schedule medical appointments with Registered Providers, and gain access to the Services.
The following terms of use (“Terms of Use”), along with Qure4u’s Privacy Policy, which is incorporated herein by reference, constitute an agreement between you and Qure4u and govern your use of the Platform and Services and all of the text, data, information, software, graphics, photographs, functionality, video and audio content, services, etc. (all of which Qure4u refers to as “Materials”).
BY CLICKING “I SUBMIT” WHEN YOU SIGN UP TO USE THE PLATFORM AND SERVICES, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE, INCLUDING QURE4U’S PRIVACY POLICY (TOGETHER HEREINAFTER REFERRED TO AS THE “TERMS”).
1. Eligibility.
You must be at least 18 years of age to register and use the Platform and Services. Children between the ages of 13 and 17 may lawfully use the Platform and Services only in conjunction with, and under the supervision of, a parent or guardian who has agreed to the Terms. Children under the age of 13 may not utilize the Platform and Services directly without parental or guardian supervision and consent.
If you are the parent or legal guardian of a child under the age of 18, and you choose to use the Platform and Services on behalf of such minor child, all references to “you” in these Terms shall refer to such child and you in your capacity as the parent or legal guardian of such child. By registering for and using the Platform and Services, you represent and warrant that you have the right, authority, and capacity to enter into the Terms and to abide by all of the provisions set forth herein.
2. Use of the Platform; Health Data.
Qure4u hereby gives you permission to use the information, Materials, and other content available on or through the Platform and Services for personal purposes only. You may print, download, and store information from the Platform and Services for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit the Platform and Services or Materials in whole or in part, for any commercial gain or purpose whatsoever. You may not communicate, share information, or otherwise use the Platform and Services for the benefit of any other person, company, or third party, except as described in Section 5 below.
All personal data, e-mail messages, correspondence, and all other communication, data, or information entered, accessed, or exchanged by you or by a Registered Provider or related to your health shall hereinafter be referred to as (“Health Data”).
Qure4u is not responsible for any errors or mistakes with respect to any Health Data that is entered into the Platform and Services, or for the accuracy of any such data, regardless of whether such data is entered by a Registered User, a Registered Provider, or with the assistance of Qure4u.
3. Communication with Registered Providers; Opinions and Recommendations of Registered Providers.
Registered Providers may send you updates, information, and reminders through the Platform and Services. Qure4u is not liable for any loss, injury, damages, or claims of any kind related to messages, updates, or information sent to you, otherwise communicated to you, or accessed by you on the Platform and Services. Further, Qure4u is not responsible for any mistakes or errors related to messages, updates, or information sent or otherwise communicated to you by Registered Providers via the Platform and Services. In addition, you may communicate information with Registered Providers through the Platform and Services, including, but not limited to, information that you enter either manually, such as vitals or other clinic data, or data entered via integrated Devices as set forth in Section 7 below. You acknowledge and agree that the contents of any message/update and information communicated via the Platform and Services may be stored in your permanent medical record at the discretion of your Registered Provider.Qure4u may recommend certain Registered Providers to Registered Users who are familiar with Qure4u and know how to input a Registered User’s Health Data into the Platform and Services. This recommendation is not a referral or an endorsement by Qure4u of such Registered Provider. Qure4u makes no claims as to the quality of any such Registered Provider. Your reliance on the advice, opinion, or information provided to you by a Registered Provider is at your own risk. You may not use the information on the Platform and Services as a basis for diagnosing a disease or condition or in making treatment decisions. Qure4u is not liable to you or anyone else for any decision made or action taken by you or by a Registered Provider, in reliance on information, advice, opinions or any other communication received or provided to you on the Platform and Services.
4. Intellectual Property; Ownership.
Except for Health Data, all of the information available on or through the Platform and Services, including without limitation, all Materials, is owned by Qure4u and its partners and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Platform and Services and the Materials, and any underlying technology or software provided by Qure4u in connection therewith, contain Qure4u’s proprietary information. Qure4u does not transfer any intellectual property rights to you by virtue of permitting your use of the Platform and Services and/or the Materials. Except as is expressly provided herein, Qure4u does not grant you any express or implied rights, and all rights in the Platform and Services and Materials not expressly granted by Qure4u to you are solely retained by Qure4u.
5. Authorized Parties as Registered Users
In the event a Registered User wishes to appoint an authorized party to use the Platform and Services on his or her behalf, the authorized party must also be a Registered User of the Platform and Services. The individual must request, through the Platform and Services, that the authorized party function as such on behalf of the individual. The authorized party must provide an authorization form to each Facility (as defined in Section 8 below) to which the authorized party submits a request for Health Data on behalf of the individual. An authorization form will be available via the Platform and Services. Qure4u does not guarantee that all Facilities will accept the authorization form provided by Qure4u.
6. Changes to These Terms of Use.
Qure4u may amend or modify these Terms at any time in Qure4u’s sole discretion. Qure4u will post the amended Terms on the Platform and Services, which shall serve as notice of the changes. Your continued use of the Platform and Services following such notification shall constitute your affirmative acknowledgement of and consent to the amended Terms. If at any time you choose not to accept these Terms or any amendment to these Terms, please do not use or access the Platform and Services.
7. Integrations.
The Platform and Services integrates with multiple third-party devices, including but not limited to, phone applications, activity trackers, remote patient monitoring devices, etc. (collectively the “Devices”) and into multiple health care facilities, including, but not limited to, hospitals, clinics, physician practices, etc. (the “Facilities”). Qure4u is not responsible for the accuracy of the data generated by the Devices and integrated into the Platform and Services, the availability of any Device or any malfunction, or for the accuracy of the Health Data imported into the Platform and Services from Facilities via any method of import.
8. Changes to Features.
Qure4u reserves the right to add new features to the Platform and Services, substitute a new feature for an existing feature, discontinue or suspend any of the existing features, or otherwise modify the features at any time in its sole discretion. Information about the amended features will be posted on the Platform and Services, and your use of the amended features will be governed by the Terms. Qure4u is not liable to you or any third party for the suspension or discontinuation of any of the features.
9. Translation Services.
Qure4u uses a professional third-party translation service to provide language translation (the “Translation Services”) on the Platform and Services. By agreeing to the Terms, you consent that any input you provide on the Platform and Services may be processed by the Translation Services. Qure4u is not liable for any loss, injury, damages, or claims of any kind that arise in connection with any Translation Services, including, without limitation, for those that may arise as a result of the accuracy thereof.
10. Remote Patient Monitoring Services.
If your use of the Platform or Services includes your use of or access to Remote Patient Monitoring Services, the following third-party terms located at https://qure4u.com/rpm-terms-of-use/ shall apply.
11. Disclaimer.
THE PLATFORM AND SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR, NOR DO THEY REPLACE, PROFESSIONAL MEDICAL ADVICE OR TREATMENT. THE PLATFORM AND SERVICES ARE NOT DIAGNOSTIC TOOLS AND SHOULD NOT BE RELIED ON AS SUCH. DO NOT USE THE PLATFORM AND SERVICES FOR EMERGENCY MEDICAL NEEDS. CALL 911 IMMEDIATELY IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY. FURTHERMORE, QURE4U IS NOT A HEALTHCARE PROVIDER, NOR DOES QURE4U PROVIDE ANY HEALTHCARE SERVICES.
ACCESS TO THE PLATFORM AND SERVICES, MATERIALS, AND FEATURES IS PROVIDED ON AN “AS IS”, “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. QURE4U DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS THE PLATFORM AND SERVICES, MATERIALS, OR ANY FEATURE AT ANY PARTICULAR TIME, OR THAT THE FOREGOING WILL BE FIT FOR A PARTICULAR PURPOSE OR NEED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY SET FORTH HEREIN, QURE4U HEREBY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES, WARRANTIES OF MERCHANTABILITY, AND GUARANTEES ABOUT THE PLATFORM AND SERVICES, MATERIALS OR FEATURES.
12. Limitation of Liability.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH QURE4U IS THE CANCELLATION OF YOUR PLATFORM AND SERVICES REGISTRATION. IN NO EVENT SHALL QURE4U BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE PLATFORM AND SERVICES, MATERIALS, OR FEATURES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF REGISTERED PROVIDERS UTILIZED THROUGH USE OF THE PLATFORM AND SERVICES, EVEN IF QURE4U KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT THAT THE LIMITATIONS SET FORTH ABOVE ARE DEEMED UNENFORCEABLE UNDER APPLICABLE LAW IN THE SOLE AND EXCLUSIVE DISCRETION OF A SOLELY APPOINTED ARBITRATOR, YOU HEREBY AGREE THAT QURE4U’S AGGREGATE LIABILITY TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100). BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, QURE4U’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.
13. Termination.
Qure4u has all right and authority to terminate and/or suspend your registration immediately, without notice, if there has been a violation of the Terms by you or by someone using your Platform credentials. Qure4u may also cancel or suspend your registration for any other reason, including, without limitation, inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension if commercially practicable.
Should you or Qure4u elect to terminate your participation as a Registered User for any reason, you may submit an email request for a comma-separated values (CSV) file with your Health Data to legal@qure4u.com, and such file will be provided to you within a commercially reasonable period of time. Such request must be made in writing and delivered to Qure4u within thirty (30) days from the date your participation is terminated. Upon the expiration of this thirty (30) day notice period, Qure4u may delete and forever destroy all Health Data created pursuant to the Terms.
14. Entire Agreement.
The Terms and any supplemental terms, policies, rules, and guidelines posted on the Platform and Services, including our Privacy Policy, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Qure4u to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
15. Choice of Law and Dispute Resolution.
The Terms shall be governed by and controlled by the laws of the State of Florida. The parties agree that exclusive venue shall be in the courts of Manatee County, Florida for any and all disputes arising out of the Terms. The parties each hereby consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to them.
16. Unauthorized Activities.
While using the Platform and Services, you shall not:
(A) Post, upload, publish, submit, transmit or otherwise make available any content that you do not have a right to make available;
(B) Use, display, mirror or frame the Platform or Services, or any individual element within the Platform or Services, Qure4u or Qure4u’s name, any Qure4u trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Qure4u’s express written consent;
(C) Access, tamper with, or use non-public areas of the Platform or Services, Qure4u’s computer systems, or the technical delivery systems of Qure4u’s service providers;
(D) Attempt to probe, scan, or test the vulnerability of any Qure4u system or network or breach any security or authentication measures;
(E) Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Qure4u, your Registered Provider, or any other third party (including another user) to protect the Platform and Services;
(F) Attempt to access or search the Platform or Services or download materials from the Platform or Services through the use of any engine, software, tool, agent, device, or mechanism (including scripts, bots, spiders, scraper, crawlers, data mining tools or the like) other than the software and/or search agents provided by Qure4u or other generally available third-party web browsers;
(G) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(H) Use any meta tags or other hidden text or metadata utilizing an Qure4u trademark, logo, URL, or product name without Qure4u’s express written consent;
(I) Use the Platform, Services or Materials for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use;
(J) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Platform, Services or Materials to send altered, deceptive, or false source-identifying information;
(K) Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Platform, Services or Materials;
(L) Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Platform or Services;
(M) Collect or store any personal data (not your own) from the Platform or Services;
(N) Impersonate or misrepresent your affiliation with any person or entity;
(O) Violate any applicable law or regulation; or
(P) Encourage or enable any other individual to do any of the above.
Qure4u may investigate and prosecute violations of any of the above to the fullest extent of the law. Qure4u may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms. Qure4u has no obligation to monitor your access to the Platform and Services, however, Qure4u may do so for the purpose of operating the Platform and Services to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. Qure4u reserves the right to, at any time and without prior notice, remove or disable access to any of the Platform, Services, or Materials that Qure4u decides is in violation of these Terms of Use or are otherwise harmful to the Platform or Services.
17. Dispute Resolution; Binding Arbitration; Class Action Waiver.
If you or Qure4u has any dispute regarding the Terms, including, but not limited to, any alleged breach of the Terms, the parties will submit the dispute to binding arbitration in Florida before a single arbitrator administered by the American Arbitration Association (AAA) and will be governed by the AAA Consumer Arbitration Rules, which you can find at www.adr.org. The arbitrator may, but does not have to, award legal fees, arbitrator’s fees and costs and other costs incurred by the party that wins the dispute. Any arbitration will be strictly confidential and neither party will disclose to any person (other than necessary to carry out the arbitration) the existence of the dispute or any aspect of the dispute. You hereby understand that the dispute, whether initiated by you or us, will not be in court, it will be in front of a neutral arbitrator instead of a judge or jury, it will be subject to different rules than in court, and there will be very limited court review of any results. Furthermore, claims may only be brought on an individual basis, and you hereby waive the right to bring any a class action lawsuit, class-wide arbitration (except to the extent that a class-wide arbitration waiver is deemed unenforceable under applicable law in the sole and exclusive discretion of a solely appointed arbitrator), or any other consolidated or representative action, including any action in the capacity of a private attorney general. You can opt out of the agreement to arbitrate by contacting legal@qure4u.com within the initial thirty (30) days after your acceptance of the Terms, and after such time, your right to opt out shall immediately expire.
If any provision of the Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions of the Terms remain in full force, provided that the essential terms and conditions of the Terms remain valid, binding, and enforceable and the economic and legal substance of the transactions contemplated by the Terms are materially preserved.
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.
Nothing in this agreement creates an agency, partnership, or joint venture. Failure by a party to enforce any provision will not constitute a waiver of that provision.
Last Updated March, 2025
Qure4u Inc. 2024