Paloma Health Terms of Use

Paloma Health Terms of Use

Last Updated on September 20, 2024

Thank you for your interest in Paloma Health.  Welcome!

Paloma Health is a technology company that offers a platform for you to receive personalized care for thyroid conditions.

Below is a non-binding plain English summary of our official Terms of Use.  We are offering this summary to help guide you in understanding whether Paloma Health is the right technology platform for you.  The summary has no legal force or effect.  Our official Terms of Use, which if accepted by you will form a binding contract, can be found under the “Terms of Use” heading below.

All health care services you receive are provided by independent, licensed doctors and nurse practitioners practicing within a group of independently owned professional practices. Throughout the Terms of Use, we call them the “Medical Group.” In order for us to pair you with a doctor or nurse licensed in your state, it is important that you accurately identify your location before joining a virtual visit. You can read more about the benefits and limitations of telehealth in our Informed Consent here. 

The doctors and nurse practitioners you interact with through Paloma Health will be able to address most of your hypothyroid health needs, but the Paloma Health platform cannot be used for medical emergencies. If you have a medical emergency, call “911” immediately.

Paloma Health respects your right to privacy. You can read more about our privacy practices here.  

We may contact you with important information by email, push notification, SMS, or phone, including that lab results are ready, progress tracking, and that you have messages in your inbox. While you can opt out of these in your account settings, you may not receive certain helpful information and reminders about your progress and treatment.

You should also know that if our team can’t help you with a dispute, except for certain disputes listed in the Terms of Use, the dispute will be resolved by binding arbitration in an individual capacity, and not as a part of any class action. Arbitration means a professional arbitrator will decide how to resolve our dispute instead of a judge or a jury in court, and it often helps resolve things faster. Also be aware that the Terms of Use provide that Paloma Health’s liability is limited in all circumstances.

Finally, be aware that Paloma Health is not insurance, and Paloma Health and the Medical Group are not insurers. Your subscription fee covers only the remote healthcare conversations you have with the Medical Group’s Providers via the Paloma Health app, and does not cover the cost of any diagnostic test or prescription ordered, or any specialty care referred, by the Medical Group.

We look forward to seeing you using Paloma Health!

Terms of Use

These terms and conditions of use (“Terms of Use”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Butterfly Technologies, Inc. d/b/a Paloma Health, including the www.palomahealth.com website, the palomahealth.com website the www. and the Paloma Health mobile application (the “Site”), as well as the services (“Services”) available to users through the Site. 

Butterfly Technologies Inc. (“Paloma Health”, “we,” “us,” and “our”) contracts with Chrysalis Health of California PC, Chrysalis Health of Texas PA, Chrysalis Health of Illinois PC, Chrysalis Health of Florida PA and the members of its Affiliated Covered Entity (collectively, “Paloma Health Medical Group”) regarding online telehealth medical consultations and secure messaging between Paloma Health Medical Group physicians and other healthcare professionals (individually the “Provider” and collectively the “Providers”) and their patients. (See Section 20 for supplemental terms applicable to Providers.) The professional medical services (which are provided by Paloma Health Medical Group) and the non-clinical Site services (which are provided by Paloma Health) are collectively referred to in this Terms of Use as the “Services”. The terms “you” and “your” means you, your dependent(s) if any, and any other person accessing your Paloma Health Account.

Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the Site and Services. By clicking 'I Agree and Consent', you acknowledge that you have read, understand, and accept all terms and conditions contained within these Terms of Use, Consent to Telehealth, and our Privacy Policy. If you do not agree to be bound by these terms, you are not authorized to access or use this Site or Services; promptly exit this Site.

Binding Arbitration. These Terms of Use provide that all disputes between you and Paloma Health that in any way relate to these Terms of Use or your use of the Site will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Paloma Health.‍

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1. Privacy Practices

You agree that information provided by you in connection with the Services and Site shall be governed by the Paloma Health Privacy Policy, which is hereby incorporated and made a part of this Agreement. You agree that information provided by you in connection with the Services shall also be governed by this Consent to Telehealth, and is hereby incorporated and made a part of this Agreement.

2. Services Provided 

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No Medical Care or Advice by Paloma Health

We offer an online communication platform for Providers and their patients to connect via the Site through the use of synchronous and asynchronous telecommunications technologies. The Site facilitates communication between patients and Providers.

Paloma Health does not provide medical advice or care. Paloma Health contracts with Chrysalis Health of California PC, Chrysalis Health of Texas PA, Chrysalis Health of Illinois PC, Chrysalis Health of Florida PA who employ United States based Providers who provide clinical telehealth services. Paloma Health Medical Group Providers deliver clinical services via the Paloma Health platform to their patients. Providers are independently contracted or employed by the Paloma Health Medical Group. Providers are not contracted or employed by Paloma Health. The Providers, and not Paloma Health, are responsible for the quality and appropriateness of the care they render to you.

The Providers are independent of Paloma Health and are merely using the Site as a way to communicate with you. Any information or advice received from a Provider comes from them alone, and not from Paloma Health. Your interactions with the providers via the Site are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither Paloma Health, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Service or provide a link to the Service, shall be liable for any professional advice obtained from a Provider via the Site or Service, nor any information obtained on the Site. Paloma Health does not recommend or endorse any specific Providers, tests, physicians, medications, products, or procedures. You acknowledge that your reliance on any Providers or information delivered by the Providers via the Site or Service is solely at your own risk and you assume full responsibility for all risks associated herewith.

Paloma Health does not make any representations or warranties about the training or skill of any Providers who deliver services via the Site or Service. You will be provided with an available Provider based solely on the information you submit to the Site. You are ultimately responsible for deciding to accept the services of your particular Provider.

The content of the Site and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Paloma Health. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Paloma Health, or in connection with any communications contacted by Paloma Health, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. While Paloma Health facilitates your selection of, and communications with, Providers, Paloma Health does not provide medical services, and the doctor-patient relationship is between you and the Paloma Health Medical Group Provider.

Not for Emergencies

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.

Paloma Health’s Site and Services are not for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 9-1-1 immediately

You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.

Risks of Telehealth Services

By using the Services, you acknowledge the potential risks associated with telehealth services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information.

Prescription Policy

Neither Paloma Health nor Paloma Health Medical Group endorse any specific medication, pharmacy, or pharmacologic product. If a Provider prescribes a medication, he/she will limit supply based upon state regulations and will only prescribe a medication as determined in his/her own discretion and professional judgment. There is no guarantee a prescription will be written. Providers do not prescribe DEA controlled substances or scheduled medications, or certain other drugs which may be harmful because of their potential for abuse. Providers reserve the right to deny care for actual or potential misuse of the Services.

You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. Paloma Health and Paloma Health Medical Group fully honor patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct Paloma Health Medical Group to transmit that prescription to the pharmacy of your choice.

Not an Insurance Product

Neither Paloma Health nor Paloma Health Medical Group are insurers. The Services are not insurance products, and the amounts you pay to Paloma Health or Paloma Health Medical Group are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.

3. Availability of Services

Paloma Health and Paloma Health Medical Group operate subject to state and federal regulations, and the Services may not be available in your state. You represent that you are not a person barred from enrolling for and/or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Site and/or the Services is limited exclusively to users located in States within the United States where the Services are available. Services are not available to users located outside the United States. Accessing the Site or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.

4. Purchasing of Services

Typographical Errors and Incorrect Pricing

In the event a Service is listed at an incorrect price due to typographical error or error in pricing information received from a third party, we shall have the right to refuse or cancel any orders placed for the Service(s) listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the charge.

Online Payments

You can purchase services on the Site. We accept credit and debit cards issued by U.S. banks. If a credit card account is being used for a transaction, Paloma Health may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.

You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

You acknowledge that the amount billed may vary due to promotional offers, preferences you select, or changes in applicable taxes or other charges, and you authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount.
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Special notice to Medicare and Medicaid beneficiaries

Federal and state health care programs, such as Medicare and Medicaid, do not pay for all health care costs, even for some health care services and products that you or your health care provider have good reason to think you need. If you are a beneficiary of a federal or state health care program, and such program does not pay for certain services or products rendered to you, you may have to pay for these services and products. As we understand it, neither federal nor state health care programs currently pay for some of the medical services or products made available through the Services performed by affiliated health care organizations or providers, at least not in the way such services or products are provided (i.e., using telemedicine and bundled treatment offerings). By agreeing to use the Services, you acknowledge and agree that for refills requests: (1) you will pay directly for any medical services and products provided to you, and (2) neither Paloma Health nor any Paloma Health affiliated health care organization or provider will bill any federal or state health care program for such medical services or products.
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Membership Fee

Paloma Health charges a monthly and an annual membership fee (the “ Membership Fee”) for access to certain features of the Services. The  Membership Fee may be modified by Paloma Health from time to time.
The Membership Fee covers costs associated with personal services that enhance your healthcare experience, tools to facilitate access to healthcare services, and certain on-demand telehealth services, but are typically not covered by or billed to insurance. Membership services include higher-touch personal services such as insurance and billing navigation, advice on provider selection, specialist booking and referral management, connection to our services team, digital tools for easy access to Paloma Health services, including telehealth services, as well as lifestyle and wellness offerings. PAYMENT OF THE  MEMBERSHIP FEE TO Paloma Health IS NOT A REQUIREMENT TO RECEIVE MEDICAL SERVICES AT Paloma HEALTH. There are options for accessing medical services with Paloma Health without payment of this fee. To learn more about the  Membership Fee and these options, contact us at contact@palomahealth.com.

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The  Membership Fee is not a covered benefit under most health insurance plans or other healthcare benefit plans such as the Health Saving Account or Flexible Spending Account. As a result, you acknowledge that you may not be able to submit the  Membership Fee for coverage under your insurance or benefit plan, and as such, you will be responsible for the cost of such  Membership Fee.
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For our paid members, Paloma Health will charge your  Membership Fee to your designated billing account. You agree to make the payment using your chosen payment method. IF YOUR ACCOUNT IS SUBJECT TO THE  MEMBERSHIP FEE, YOU AUTHORIZE US TO CHARGE YOUR CHOSEN PAYMENT METHOD THE  MEMBERSHIP FEE AT THE TIME OF INITIAL PAYMENT AND EACH RENEWAL, UNTIL YOU CANCEL. YOU MUST CANCEL YOUR MEMBERSHIP BEFORE IT RENEWS TO AVOID BEING CHARGED THE MEMBERSHIP FEE FOR THE NEXT YEAR. YOU CAN CANCEL YOUR MEMBERSHIP AT ANY TIME BY LOGGING INTO YOUR PALOMA HEALTH ACCOUNT AND SELECT “CANCEL MEMBERSHIP” OR CONTACTING US AT CONTACT@PALOMAHEALTH.COM. IF YOU CANCEL YOUR MEMBERSHIP AND YOUR SUBSCRIPTION TERM HAS NOT EXPIRED, YOU MAY CONTINUE TO USE THE SERVICES UNTIL THE END OF YOUR THEN-CURRENT MEMBERSHIP TERM AND YOUR MEMBERSHIP WILL NOT BE RENEWED AFTER YOUR THEN-CURRENT TERM EXPIRES. HOWEVER, YOU WON'T BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE MEMBERSHIP FEE PAID FOR THE THEN-CURRENT MEMBERSHIP PERIOD.
If the amount to be charged to you varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), for example, due to an increase in the Membership Fee, you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge at least 30 days before the scheduled date of the transaction. If you do not agree with the new amount in the notice, you may cancel the transaction by logging into your account and selecting “cancel membership” or contacting us at contact@palomahealth.com.

Paloma Health offers one membership option: $240 per year. The legacy insurance membership is only available to patients who have health insurance accepted by at least one Paloma Health doctor in their state. This membership is not offered anymore.

Patients on the insurance membership have to use their insurance for doctor visits.

If you lose your insurance coverage or have a new insurance that we do not accept, you can pay $60 for your doctor visits without billing your insurance. When your membership renews, you won’t able to benefit from the discounted membership fee of $96 per year. Your membership will renew at the self-pay rate of $240 per year.

If you move to another state, we will check if your insurance is accepted in the new state. If it is not accepted, don’t worry - we will keep you on the insurance membership until your membership renews. You will be able to pay $60 for out-of-network visits during this time.When your membership renews, you won’t able to benefit from the discounted membership fee of $96 per year. Your membership will renew at the self-pay rate of $240 per year.

If you are currently on the self-pay membership and at least one Paloma health doctor in your state accepts your health insurance, you are not eligible for the insurance membership. The $96 per year insurance membership is not offered anymore.

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Membership Cancellation
If you cancel your annual membership before your first doctor visit, you will receive a refund less a $15 service fee.
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You can cancel your membership anytime and it will not renew after the annual period. (Example: If you start membership on 1/1/2022 and cancel it on 5/2/2022 it will be active and available for use until 1/1/2023). Your membership fee for the period in which you cancel will not be refunded and you will maintain access to all member services and benefits until the end of that term.
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If you would like to cancel and end your your annual membership immediately (not at the end of the annual period) and be refunded any portion of the annual fee, you are responsible for the cost of services (at non-member rates) used during your membership:

• $110 - per doctor visit
• $119 - per kit + potential additional biomarkers
• $75 - Nutritionist visit
• $40 for vitamin supplements (one-off purchase)
• $34 for vitamin supplements (as a subscription)

If you'd like to cancel your membership, please message us at contact@palomahealth.com.

We would be sad to have you leave! But we don’t aim to trap you.

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Using your insurance to pay for doctor visits

As a courtesy to its patients, Paloma Health is pleased to assist in the submission of medical insurance claims to insurance companies for payment.

By signing up to Paloma Health, you agree to this agreement, you understand and acknowledge that:Your medical insurance policy, if any, is a contract between you and your insurance company.

It is your responsibility to know your benefits, and how they will apply to payment for the Services.

It is your responsibility to confirm that the provider that you see at Paloma Health is a participating provider under your medical insurance policy.Your insurance company may not cover 100% of the costs and fees associated with the Services, and you will be responsible for payment of any remaining balance due for the Services, including without limitation, for paying copayments, deductibles, and any other costs and fees associated with the Services you receive that are not fully (or at all) covered by your insurance company.

It is your responsibility to provide Paloma Health with appropriate and current medical insurance information, and to notify Paloma Health immediately upon any change in your medical insurance coverage to ensure efficient claims billing and payment. In the event that you fail to provide all necessary and current medical insurance information, you understand that your insurance company may deny payment of claims relating to the Services, and you understand that you may be 100% responsible for the costs and fees associated with the Services.

It is your responsibility to have obtained any and all necessary referrals and authorizations required prior to receiving the Services from Paloma Health. If your insurance company requires a referral and you do not have one, then you understand that you will be responsible for all costs and fees associated with the Services you receive.If your medical insurance requires a copay, the copay is required at the time the Service is rendered.

By signing up, you further hereby authorize payment of all medical insurance benefits which are payable to you under the terms of your medical insurance policy to be paid directly to Paloma Health for the Services rendered.Cancelation and No-Show Policy:

• ‍Appointment Cancellations: Members will not be charged if the appointment is canceled or rescheduled at least 4 hours before the scheduled start time.
• No Shows: Paloma Health will charge a no-show fee of $60. If you are more than 10 minutes late to your visit, you may find that your provider does not think there is enough time to complete your full visit and may recommend you reschedule. These will be considered a "no-show".

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Refund Policy for Health Coaching Programs

7-Day Money-Back Guarantee:

Clients enrolled in the 3-Month Health Coaching Program are eligible for a full refund within the first 7 days of the program start date, no questions asked. To initiate a refund, clients must submit a written request to [insert contact email] clearly stating their intention to discontinue the program.

No Refunds After 7 Days:

Once the initial 7-day period has passed, no refunds will be granted for any reason, including but not limited to dissatisfaction with program outcomes or failure to attend scheduled sessions.

Refund Request Process:

Refund requests must be submitted via email to [insert contact email] within the first 7 days of the program start date. Upon receiving a valid request within this timeframe, Paloma Health will terminate access to all program materials and coaching sessions.

Non-Refundable Situations:

Refunds will not be issued for:

• Requests submitted after the 7-day money-back guarantee period.

• Failure to attend or participate in scheduled sessions.

• Dissatisfaction with the program’s results or outcomes.

Processing Time:

Approved refunds will be processed within 5 business days and credited to the original method of payment.

Modification of Refund Policy:

Paloma Health reserves the right to modify the terms of this refund policy at any time. Any changes will not apply retroactively to clients who have already enrolled in the program.

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5. Eligibility; Site Access, Security and Restrictions; Passwords.

In order to access the Site and the Services, you represent and warrant that you are older than 18 years old. You agree to fully, accurately, and truthfully create your Paloma Health Account (“Account”), including but not limited to your name, mailing address, phone number, email address, and password, which become your Paloma Health ID and credentials. The Paloma Health ID and/or credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your Paloma Health ID and/or credentials, and for all activities that occur under such Paloma Health ID and/or credentials. You agree to prohibit anyone else from using your Paloma Health ID and/or credentials and agree to immediately notify Paloma Health of any actual or suspected unauthorized use of your Paloma Health ID and/or credentials or other security concerns of which you become aware. Your access to the Site may be revoked by Paloma Health at any time with or without cause.

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. Violations of system or network security may result in civil or criminal liability. Paloma Health will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

6. Consent to Receive Electronic Communications

When you use the Site or Services, or send emails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Paloma Health and Paloma Health Medical Group may contact you by telephone, mail, or email to verify your account information. Paloma Health and Paloma Health Medical Group may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Services until you provide the information to us as requested.

ATTENTION: Email and text messages are not secure methods of communication and we cannot ensure the security or confidentiality of messages sent by email and/or text message. Information, including personal health information, transmitted by email or text message is not encrypted and could be read by a third party. If you would prefer not to exchange personal health information via email or text message, please notify us at support@palomahealth.com.

7. Consent to Receive Calls

By providing your phone number, you are agreeing to be contacted by or on behalf of Paloma Health and Paloma Health Medical Group at the number you have provided, including calls, to receive informational, Services related (e.g., progress tracking, prescription fulfillment, appointment reminders, etc.) and marketing communications relating to the Site and Services. You can opt-out of receiving further calls from us by emailing us at contact@PALOMAHEALTH.com with the subject line 'OPT OUT' and your telephone number. Please note, that by withdrawing your consent, some Site features and certain Services may no longer be available to you.

8. Ownership of the Site and Related Materials; Additional Restrictions

All pages within this Site and any material made available for download are the property of Paloma Health, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws.

Subject to these Terms of Use and the payment of all applicable fees, Paloma Health grants you a revocable, non-transferable (except as provided below), personal, nonexclusive license to use the object code version of the Site. All rights not expressly granted to you in these Terms of Use are reserved and retained by Paloma Health or its licensors, suppliers, publishers, rights holders, or other content providers. Neither the Site and Services, nor any part of the Site and Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Paloma Health. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Paloma Health without express written consent. You may not use any meta tags or any other "hidden text" utilizing Paloma Health’s name or trademarks without the express written consent of Paloma Health. You may not misuse the Site or Services. You may use the Site and Services only as permitted by law. The content of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Paloma Health. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, content or other proprietary information (including; images, text, page layout, or form) of Paloma Health without our express written consent.

If you choose to give us feedback, such as suggestions to improve our services, we may act on your feedback without obligation to you. Any such feedback will be our property that we can use, including for commercial purposes, at our discretion without having to credit you.  Paloma Health Health will never publish your name or other identifying information in connection with any testimonial unless you have given us your prior approval. Paloma Health Health may republish any publicly available review, comment, or testimonial about Paloma Health Health or the Site on its websites or in other media.

9. No Users Under 18 Years Old

The Site and Services are only for users of the age of 18. If you are under the age of 18, please do not attempt to register with us at this Site or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please contact@palomahealth.com or call us at (424) 334-9213.

10. Accuracy of Information; Functionality

Although Paloma Health attempts to ensure the integrity and accuracy of the Site and Service descriptions, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site, Service descriptions and other content on the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Paloma Health so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Paloma Health shall have no responsibility or liability for information or content posted to the Site from any non-Paloma Health affiliated third party.

Paloma Health and Paloma Health Medical Group each reserves complete and sole discretion with respect to the operation of the Site and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of the Site or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention and/or destruction policies.

11. Links to Other Sites

Paloma Health makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Paloma Health site, please understand that it is independent from Paloma Health, and that Paloma Health has no control over the content on that website. In addition, a link to a non-Paloma Health website does not mean that Paloma Health endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

12. User Information

If you submit, upload, post or transmit any health information, medical history, conditions, problems, symptoms, personal information consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Paloma Health and Paloma Health Medical Group that you have the legal right and authorization to provide all User Information to Paloma Health and Paloma Health Medical Group for use as set forth herein and required by Paloma Health and the Paloma Health Medical Group Provider.

Paloma Health and/or Paloma Health Medical Group may de-identify your information such that it is no longer considered protected health information or personally identifiable information. Paloma Health and/or Paloma Health Medical Group may disclose, aggregate, sell, or otherwise use such de-identified information to third parties for analytics, research, or other purposes.

You agree not to (i) access the Site or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (a) a message under a false name, or (b) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (1) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (2) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services; (v) use robots or scripts with the Site; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to Paloma Health. You may not alter the attribution or origin of electronic mail, messages, or posting; (ix) harvest or collect PHI about any other individual who uses the Site or the Services; (x) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.

You agree to defend, indemnify, and hold harmless Paloma Health, Paloma Health Medical Group, and the Providers from and against all third party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of any User Information you upload to or transmit through the Site.

You hereby authorize Paloma Health, Paloma Health Medical Group, Butterfly Technologies, Inc and PWN Remote Care Services (with its affiliates and administrative services provider, “Company”), including its physicians, their staff, agents and designees, PWN Health, LLC as agent and administrative services provider and the laboratories that perform services requested by or consented to by you (“Company Parties”) to use and disclose health information about you in the manner and for the purposes stated below.

This authorization applies to the use and disclosure of the following information about you:  all information in requests(s) submitted by you or about you with your consent and the laboratory test values/results/information which are the result of the request(s) so submitted.

For avoidance of doubt, you specifically authorize the transfer and release of this information to, between and among yourself and the following individuals, organizations and their representatives: (a) Butterfly Technologies (DBA Paloma Health), Inc. and its affiliates, their staff and agents; (b) Company and its affiliates, and their staff and agents (including PWNHealth, LLC); (c) the designated Company physician of record and its staff, agents and designees; (d) the applicable laboratory of record and its staff and agents; and (e) certain providers for the purposes herein, and as required or permitted by law.

The information which is the subject of this authorization will be used or disclosed for the following purposes: (a) to facilitate and execute the PWN Services requested by you or performed with you consent. Participants (including receiving, reviewing and approving a laboratory request. Test Request; reviewing, processing and delivering the laboratory test value(s)/result(s)); (b) for treatment, health care operations and payment services (as such terms are defined under HIPAA); or (c) to provide you, Participant, with information and materials on treatment alternatives, health related offerings and services and products which may assist you, Participant, with health, wellness and overall care or be of interest to you, Participant.; and (d) to conduct statistical research studies, and as required or permitted under state and federal laws.  Remuneration may be received in exchange therefor. You may opt to not have your personal information disclosed for some purposes above with prior written notice to the Company as set forth below. you understand that such opt-out may affect the services you have voluntarily elected.

This authorization evidences your informed decision to allow release of the information to the parties referenced in this authorization. This authorization is effective immediately and will expire ten years after the date of this authorization.

Upon your written request, you may inspect or copy the information that you have permitted to be used or disclosed, if permitted by law.  Company Parties may receive payment or other remuneration related to the use and disclosures herein.

You understand that you have a right to receive a copy of this authorization.  You have the right to refuse to agree to this authorization in which case your refusal may affect the services provided to you. When your information is used or disclosed pursuant to this authorization, it may be subject to re-disclosure by the recipient and may no longer be protected by the federal HIPAA Privacy Rule. You have the right to revoke this authorization in writing at any time, except that the revocation will not apply to any information already disclosed by the parties referenced in this authorization have acted in reliance upon this authorization. Your written revocation must be submitted to PWN’s General Counsel at:

c/o PWNHealth, LLC

123 West 18th Street, 8th Floor

New York, NY 10011

Attn: General Counsel

If signed by someone legally authorized to represent the individual, please describe that authority and attach document(s) evidencing that authority.

13. Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

Paloma Health respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to Paloma Health’s Designated Copyright Agent, identified below.

Notices of Alleged Infringement for Content Made Available on the Site

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice ("Notice") complying with the following requirements.

1. Identify the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)." "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to our Copyright Agent:

Butterfly Technologies, Inc. 386 Park Avenue South, 5th floor, New York, NY 10016

14. Intellectual Property

With the exception of your electronic medical record, Paloma Health and Paloma Health Medical Group, as applicable, retain all right, title, and interest in and to the Site, the Services and any information, products, documentation, software, or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Site licensed by Paloma Health or Paloma Health Medical Group (in that case, the license provider retains all right, title, and interest therein). The information available through the Site and the Services is the property of Paloma Health or Paloma Health Medical Group, as applicable. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of Paloma Health or Paloma Health Medical Group trademarks, service marks, and logos are strictly prohibited without the prior written permission of Paloma Health or Paloma Health Medical Group, as applicable. The immediately foregoing sentence also applies to any third party trademarks, service marks, and logos posted on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Site without the written grant thereof by Paloma Health, Paloma Health Medical Group or the third party owner of such trademarks, service marks, and/or logos. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow.

Paloma Health may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.

15. CAN-SPAM Act and Telephone

Paloma Health and Paloma Health Medical Group are committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAM-SPAM ACT”) and the Telephone Consumer Protection Act (“TCPA”). You consent to receive text messages from us as set forth in Section 7, above (“Consent to Receive Calls and Text Messages”). Emails, newsletters, and text messages received from us are intended to fully comply with the CAM-SPAM ACT and the TCPA. In the event you receive an email or text message from us which you do not believe is fully compliant with the CAN-SPAM ACT or the TCPA, please contact us immediately at the address listed below under the section “How to Contact Us.”

You shall not use or permit any of your employees, agents, or affiliates to market, promote, or solicit Paloma Health products or services in ways that would violate the CAN-SPAM ACT, the TCPA or any other laws. You shall not infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail (“spamming”); propagate computer worms or viruses; use a false identity; attempt to gain unauthorized entry to any site or network; or infringe copyrights, trademarks, or other intellectual property rights.

You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet. You agree to indemnify and hold Paloma Health and its Affiliates harmless for any and all acts found or suspected to be in violation hereof. You shall indemnify and hold Paloma Health and its Affiliates harmless against and from losses, damages, costs, and reasonable attorney fees incurred in defending or resolving any suits brought against Paloma Health or any of its Affiliates by anyone arising out of any alleged violation of any anti-spamming rules, regulations, laws, statutes. Your Account will be terminated for any of the above infractions.

16. Disclaimer of Warranties

PALOMA HEALTH DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. PALOMA HEALTH DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. PALOMA HEALTH DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY PALOMA HEALTH ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY PALOMA HEALTH OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. PALOMA HEALTH DOES NOT GUARANTEE THAT THROUGH USE OF OUR SERVICES ANY PRESCRIPTIONS WILL BE WRITTEN FOR YOU. PALOMA HEALTH MEDICAL GROUP PROVIDERS DO NOT PRESCRIBE DEA CONTROLLED SUBSTANCES, SUCH AS THOSE CONTAINING OPIOIDS OR AMPHETAMINES.

17. Limitation of Liability Regarding Use of Site

EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:

PALOMA HEALTH SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF PALOMA HEALTH MEDICAL GROUP OR THE PROVIDERS. PALOMA HEALTH AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF PALOMA HEALTH TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.

18. No Third Party Rights

Unless expressly stated in the Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Paloma Health, Paloma Health Medical Group, and their affiliates. Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, Paloma Health, Paloma Health Medical Group, and its affiliates, nor shall any provision give any third parties any right of subrogation or action over against you, Paloma Health, Paloma Health Medical Group, and its affiliates.

19. Assignment

You may not assign, transfer, or delegate the Terms of Use or any part thereof without Paloma Health’s prior written consent. Paloma Health may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.

20. Supplemental Terms Applicable to Providers

These supplemental terms apply to Providers in addition the other provisions of these Terms of Use. In the event of a conflict between the supplemental terms and any other terms herein, the supplemental terms shall prevail.

To be a healthcare provider using the Site (“Provider” or “you”) you must be a licensed physician, nurse practitioner, or healthcare professional contracted or employed by Paloma Health Medical Group, and must agree to comply with all laws, medical board rules and other rules and regulations applicable to you as a Provider or otherwise. Your relationship with the Paloma Health users (including your Paloma Health Medical Group patients) is directly between you and the patient. The patient will never have a physician-patient relationship with Paloma Health. Paloma Health does not practice medicine and offers no medical services. As set forth more fully below, Provider is solely responsible for all agreements, consents, notices and other interactions with patients and other consumers. Without limiting the generality of the foregoing, Provider and Paloma Health Medical Group is solely responsible for all billings and collections from patients and other consumers, and Paloma Health shall have no liability whatsoever to Provider with respect to any amounts owed by any patient or other consumer to Provider.

Paloma Health does not provide any medical advice, legal advice, or representations in any way regarding any legal or medical issues associated with Provider, goods or services offered by Provider, including but not limited any compliance obligations or steps necessary to comply with any state or federal laws and regulations. Provider should seek legal counsel regarding any legal and compliance issues, and should not rely on any materials or content associated with the Services in determining Provider’s compliance obligations under law. Provider and Paloma Health agree that Paloma Health is not providing, to Customer or anyone else, medical advice or legal advice.

Provider will use the Site and Services only in accordance with applicable standards of good medical practice. While software products such as the Site and Services can facilitate and improve the quality of service that Provider can offer patients, many factors, including the provider/patient relationship can affect a patient outcome, and with intricate and interdependent technologies and complex decision-making it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. Provider shall be solely responsible for its use of the Site and Services, and the provision of medical services to Provider’s patients. In this regard, Provider releases Paloma Health and waives any and all potential claims against Paloma Health as a result of Provider’s use of the Site and Services, and the provision of services to Provider’s patients.

As a result of the complexities and uncertainties inherent in the patient care process, Provider agrees to defend, indemnify and hold Paloma Health harmless from any claim by or on behalf of any patient of Provider, or by or on behalf of any other third party or person claiming damage by virtue of a familial or financial relationship with such a patient, which is brought against Paloma Health, regardless of the cause if such claim arises for any reason whatsoever, out of Provider’s use or operation of the Site and Services. To the extent applicable, Provider will obtain Paloma Health’s prior written consent to any settlement or judgment in which Provider agrees to any finding of fault of Paloma Health or defect in the Site or Services. Paloma Health will promptly notify Provider in writing of any claim subject to this indemnification, promptly provide Provider with the information reasonably required for the defense of the same, and grant to Provider exclusive control over its defense and settlement.

If you submit, upload, transmit, or post any consents, notices, advice, recommendations, comments, files, videos, images or other materials to us or our Site (“Provider Content”) or provide any Provider Content to patients or other consumers, you agree not to provide any Provider Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. Provider is solely responsible for obtaining all necessary agreements and consents from, and providing all required notices to, patients and other consumers. You agree not to contact other users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Paloma Health that you have the legal right and authorization to upload all Provider Content at the Site. Paloma Health shall have a royalty-free, irrevocable, transferable right and license to use the Provider Content however Paloma Health desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Provider Content and/or incorporate such Provider Content into any form, medium or technology throughout the world. Paloma Health is and shall be under no obligation (1) to maintain any Provider Content in confidence; (2) to pay to you any compensation for any Provider Content; or (3) to respond to any Provider Content.

Paloma Health does not regularly review Provider Content, but does reserve the right (but not the obligation) to monitor and edit or remove any Provider Content submitted to the Site. You grant Paloma Health the right to use the name that you submit in connection with any Provider Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Provider Content. You are and shall remain solely responsible for the content of any Provider Content you post to the Site or provide to patients or other consumers. Paloma Health and its affiliates take no responsibility and assume no liability for any Provider Content submitted by you or any third party.

21 Dispute Resolution; Arbitration Agreement

We will try work in good faith to resolve any issue you have with Site, including Services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.

You and Paloma Health agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Use or your use of the Site, including Services ordered or purchased through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Paloma Health are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Paloma Health.

If you desire to assert a claim against Paloma Health, and you therefore elect to seek arbitration, you must first send to Paloma Health, by certified mail, a written notice of your claim ("Notice"). The Notice to Paloma Health should be addressed to the address below ("Notice Address"):

Butterfly Technologies, Inc. 386 Park Avenue South, 5th floor, New York, NY 10016

If Paloma Health desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Paloma Health, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Paloma Health and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Paloma Health may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Paloma Health or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Paloma Health receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000.

The arbitration will be governed by the laws of the State of New York, the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless Paloma Health and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Paloma Health’s last written settlement offer made before an arbitrator was selected (or if Paloma Health did not make a settlement offer before an arbitrator was selected), then Paloma Health will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

YOU AND PALOMA HEALTH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Paloma Health agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

22. Force Majeure

We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.

23. Indemnification

You agree to defend, indemnify, and hold harmless Paloma Health, Paloma Health Medical Group, and any affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Site, Services or any information posted on the Site; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to Paloma Health, Paloma Health Medical Group, or any Provider or customer service agent; and/or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Site, Services, or any information on the Site, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.

24. Application Support; Functionality

All questions and requests relating to Site support must be directed to Paloma Health. To submit a support request, please email us at contact@PALOMAHEALTH.com, or call us at (424) 334-9213. The Select Third Parties, as defined in Section 26, are not responsible for providing support for the application portions of the Site and may not be contacted for support. Paloma Health will use commercially reasonable efforts to respond to questions and provide support during business hours (Monday - Friday from 9AM ET to 6 PM ET). Please note that we may change or remove functionality and other features of the Site at any time, without notice.

25. Modified Devices and Operating Systems

Paloma Health will have no liability for errors, unreliable operation, or other issues resulting from use of the Site on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including use of modified versions of the operating system (collectively, “Modified Devices”). Use of the Site on Modified Devices will be at your sole and exclusive risk and liability.

26. No Liability for Select Third Parties

Your wireless carrier, the manufacturer and retailer of your mobile device, the developer of the operating system for your mobile device, the operator of any application store, marketplace, or similar service through which you obtain the Site, and their respective affiliates, suppliers, and licensors (collectively, the “Select Third Parties”) are not parties to these Terms of Use and they do not own and are not responsible for the Site. Paloma Health, and not any Select Third Parties, is responsible for addressing any claims raised by you or any third party regarding the Site or your use or possession thereof, including claims related to product liability, legal, or regulatory requirements, and consumer protection or similar legislation. You are responsible for complying with all application store and other applicable Select Third Parties’ terms and conditions. YOU AGREE (I) THE SELECT THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (II) IN NO EVENT WILL THE SELECT THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT OR THE SITE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (III) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY SELECT THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL IN NOT EXCEED FIVE DOLLARS ($5.00); AND (IV) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE SELECT THIRD PARTIES ARISING OUT OF THE SITE AND THESE TERMS OF USE. THE THIRD PARTIES ARE INTENDED THIRD PARTY BENEFICIARIES OF THESE TERMS OF USE, AND ARE CAPABLE OF DIRECTLY ENFORCING ITS TERMS. NOTHING CONTAINED IN THESE TERMS OF USE WILL BE CONSTRUED AS MODIFYING OR AMENDING ANY AGREEMENTS OR OTHER TERMS BETWEEN YOU AND THE SELECT THIRD PARTIES WITH REGARD TO THEIR SUBJECT MATTER. In the event of any claim that the Site or your possession and use of the Site infringes a third party’s intellectual property rights, the Select Third Parties are not responsible for the investigation, defense, settlement, or discharge of the infringement claim.

27. Revisions; General

Paloma Health reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. Paloma Health reserves the right to modify these Terms of Use at any time, effective upon posting. Any use of this website after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access this website so that you may be aware of any changes to these Terms. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Paloma Health and you pertaining to the subject matter hereof. In its sole discretion, Paloma Health may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.

Copyright/Trademark Information. Copyright ©2018 Paloma Health, Inc. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

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28. Terms of Sale

These Terms of Sale govern any purchases and other transactions made on the Site. If your employer or insurance company invited you to register for an account, then these Terms of Sale in Section 11 may not apply to you, unless you make additional purchases on the Site.  

All sales are final.  You are responsible for all purchases that you make on the Site.  Paloma Health may accept insurance for certain Services or other purchases that you make on the Site; however, Paloma Health reserves the right to decline to accept insurance in its sole and absolute discretion.  Paloma Health need only look to you for payment for Services and other purchases that you make on the Site, even if you have health insurance. 

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28.1. Payment and Billing Information

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (each, a “Transaction”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Transaction may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Transaction. If you want to change or update your payment method information, you can do so at any time by logging into your account.

You acknowledge that the amount billed may vary due to promotional offers, preferences you select, or changes in applicable taxes or other charges, and you authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount.

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28.2. Continuous Subscription; Cancellation Policy

When you register for a subscription (“Subscription”), you expressly acknowledge and agree that (a) Paloma Health Health (or our third-party payment processor) is authorized to charge you on an annual or monthly basis, as applicable, for your Subscription (in addition to any applicable taxes and other charges) for as long as your Subscription continues, and (b) your Subscription is continuous until you cancel it or we suspend or stop providing access to the Site in accordance with these terms.  You may cancel your Subscription at any time by going to your Account settings section in the Paloma Health Health app.‍

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28.3. Free or Discounted Trials

From time to time, to the extent legally permitted, we may offer free or discounted trials of certain Subscriptions for specified periods of time without payment. If we offer you a free or discounted trial, the specific terms of your trial will be provided in the marketing materials describing the particular trial or at registration. Free and discounted trials are limited to one (1) per person.

Once your free or discounted trial ends, we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis for your Subscription (plus any applicable taxes and other charges) for as long as your Subscription continues, unless you cancel your Subscription prior to the end of your free or discounted trial. Instructions for canceling your Subscription are described above. You will receive a notice from us 7 days prior to the new billing term. We reserve the right to modify or terminate free and discounted trials at any time, without notice and in our sole discretion.‍

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28.4. Pricing and Availability

All prices on our Site are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice, including without limitation, as based on geographic or other criteria as we may establish from time to time. We will not, however, be able to notify you of changes in any applicable taxes.

All of our services are subject to availability, and we reserve the right to impose quantity limits on any Transaction, to reject all or part of a Transaction, and to discontinue offering certain services without prior notice. If you purchased an annual Subscription, you agree that, within the 365-day period beginning on the date of you purchase your Subscription and each renewal year thereafter, you are limited to thirty-six (36) clinical visits during such 365-day period as part of your Subscription. If you purchased a monthly Subscription, you agree that, within each calendar month beginning on the date of you purchase your Subscription and each renewal month thereafter, you are limited to six (6) clinical visits during such monthly period as part of your Subscription. Unused clinical visits do not rollover to subsequent renewal periods.

28.5. Customer Service

If you have any questions or concerns relating to your order, please contact us at support@palomahealth.com.

How to Contact Us:

Butterfly Technologies, Inc. 386 Park Avenue South, 5th floor, New York, NY 10016 Telephone: (424) 334-9213 Email: contact@palomahealth.com