FitCam Health – Terms and Conditions
IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION
SECTION 13 (DISPUTE RESOLUTION, BINDING ARBITRATION, AND CLASS ACTION WAIVER) OF THIS AGREEMENT CONTAINS PROVISIONS GOVERNING HOW DISPUTES BETWEEN YOU AND FITCAM HEALTH ARE RESOLVED. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU AND FITCAM HEALTH AGREE TO RESOLVE MOST DISPUTES SOLELY ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION AND NOT BY JURY TRIAL OR AS A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. YOU MAY OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH IN SECTION 13(g).
Welcome to FitCam Health
Welcome to the FitCam Health digital care support platform. These Terms and Conditions (“Terms” or “Agreement”), together with the FitCam Health Privacy Policy and any applicable Business Associate Agreement (“BAA”), govern your access to and use of the FitCam Health Care Coach mobile application (the “Application” or “App”), the FitCam Health provider dashboard and administrative interface (the “FitCam Console”), the FitCam Health website located at https://www.fit.cam (the “Website”), and any related content, features, tools, communications, or services made available by FitCam Health, Inc. (collectively, the “Service”).
The Service is owned and operated by Prove Labs, Inc. (“FitCam Health,” “FitCam,” “we,” “us,” or “our”). FitCam Health is a technology company that provides digital tools intended to support patient engagement, education, and care coordination under the supervision of independent healthcare providers.
FitCam Health does not provide medical care, diagnosis, or treatment, and does not practice medicine or any other licensed healthcare profession.
Please read this Agreement carefully before using the Service. By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree, you must not access or use the Service.
If you are accepting these Terms on behalf of another individual, including as a parent or legal guardian of a minor or incapacitated adult, you represent that you have the legal authority to do so, and all references to “you” in this Agreement refer to that individual.
1. Scope and Description of the Service
This Agreement applies exclusively to your use of the Service.
The Service provides digital tools that may include, without limitation, educational and informational health-related content; structured self-care or coaching programs; patient-reported data collection; secure messaging and engagement features; reminders and notifications; and provider-facing dashboards that allow healthcare providers to review patient-submitted information and engagement metrics.
FitCam Health does not provide or require the use of sensors, wearable devices, medical hardware, diagnostic equipment, or treatment devices. All information collected through the Service is entered by users or generated through software-based interactions.
The Service is intended to support healthcare providers in their care delivery and patient engagement workflows, including remote therapeutic monitoring (RTM), chronic care management (CCM), or similar programs, as applicable. The specific features available to you may vary depending on your healthcare provider, clinic, enrollment status, and applicable law.
FitCam Health reserves the right to modify, enhance, suspend, or discontinue any aspect of the Service at any time, with or without notice.
2. Eligibility and Access Requirements
Patient Access
Access to the Application is not available to the general public. You may only access and use the Application if you have been explicitly invited, enrolled, or authorized by a participating healthcare provider or clinic that uses the FitCam Health platform.
Unless otherwise authorized by your healthcare provider and permitted under applicable law, you must be at least eighteen (18) years of age to use the Service. If you are under eighteen (18) years of age, your use of the Service must be explicitly approved and supervised by your healthcare provider and, where required, your parent or legal guardian.
You represent and warrant that all information you provide in connection with your enrollment and use of the Service is accurate, complete, current, and truthful.
Provider Access
Access to the FitCam Console is limited to licensed healthcare providers, healthcare organizations, and their authorized personnel. Where required by law, access to the Console and to any Protected Health Information (“PHI”) is conditioned upon the execution of a valid HIPAA Business Associate Agreement (BAA) between FitCam Health and the applicable provider organization.
Providers are solely responsible for ensuring that all individuals accessing the FitCam Console are properly authorized, trained, and compliant with applicable professional, ethical, and legal obligations.
3. Informational Use Only; No Medical Advice
The Service is provided solely for informational, educational, and care-support purposes.
FitCam Health does not provide medical advice, medical opinions, diagnoses, treatment recommendations, or clinical decision-making. Nothing contained in the Service is intended to substitute for, replace, or override the professional judgment of a licensed healthcare provider.
Use of the Service does not create a physician-patient, therapist-patient, nurse-patient, or any other clinical relationship between you and FitCam Health.
All medical decisions, diagnoses, treatments, and care plans are made exclusively by your healthcare provider, who retains sole responsibility for your care. You agree that you will not make any health-related decision based in whole or in part on information provided through the Service.
4. Emergency Disclaimer
The Service is not designed for use in medical emergencies and does not provide real-time monitoring, triage, or emergency response.
If you believe you are experiencing a medical emergency, you must immediately call 911 or your local emergency number. Do not rely on the Service to seek or obtain emergency medical care.
FitCam Health is not responsible or liable for any delay in care or adverse outcome resulting from misuse of the Service in emergency situations.
5. User Accounts, Credentials, and Security
To access certain features of the Service, you may be required to create or activate an account. You agree to provide accurate and complete information and to promptly update your information as necessary to keep it current.
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You may not share your account credentials or permit any other person to access the Service using your credentials.
You agree to notify FitCam Health immediately of any unauthorized use of your account or any other breach of security. FitCam Health is not liable for any loss or damage arising from your failure to safeguard your credentials.
6. Communications and Messaging Consent
By providing contact information, including a phone number or email address, you consent to receive communications from FitCam Health related to your participation in and use of the Service. These communications may include service-related notifications, reminders, educational messages, administrative communications, or other information related to your care program.
Message and data rates may apply. You may opt out of certain non-essential communications as permitted by law; however, opting out may limit your ability to use certain features of the Service.
7. Privacy, Data Use, and HIPAA
FitCam Health collects, uses, stores, and discloses information in accordance with its Privacy Policy and applicable law.
Where applicable, FitCam Health acts as a Business Associate under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and handles PHI pursuant to executed BAAs and applicable legal requirements. Healthcare providers remain responsible for their obligations as Covered Entities under HIPAA.
You acknowledge and agree that FitCam Health may use de-identified and aggregated data derived from the Service for analytics, research, quality improvement, and product development purposes, as permitted by law.
8. Acceptable Use and Restrictions
You agree to use the Service only for lawful purposes and in accordance with this Agreement. You agree not to interfere with or disrupt the operation of the Service, attempt to gain unauthorized access to systems or data, reverse engineer any portion of the Service, upload malicious code, or misrepresent your identity or credentials.
FitCam Health reserves the right to investigate suspected violations and to take appropriate action, including suspension or termination of access.
9. Intellectual Property Rights
All content, software, designs, text, graphics, logos, trademarks, and materials used in connection with the Service are owned by or licensed to FitCam Health and are protected by intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service solely for its intended purposes and in accordance with this Agreement.
Any feedback, comments, or suggestions you provide regarding the Service may be used by FitCam Health without restriction, attribution, or compensation.
10. Third-Party Content and Services
The Service may include links to or integrations with third-party websites or services. FitCam Health does not control and is not responsible for the content, security, or practices of third parties.
Your use of third-party services is at your own risk and subject to the third party’s terms and policies.
11. Disclaimer of Warranties; Limitation of Liability
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FITCAM HEALTH DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FITCAM HEALTH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.
YOU ACKNOWLEDGE THAT THESE LIMITATIONS ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THAT THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
12. Indemnification
You agree to indemnify, defend, and hold harmless FitCam Health and its affiliates, officers, directors, employees, agents, and representatives from and against any claims, damages, losses, liabilities, and expenses arising out of or related to your use of the Service, violation of this Agreement, or violation of applicable law.
13. DISPUTE RESOLUTION, BINDING ARBITRATION, AND CLASS ACTION WAIVER
Any dispute, claim, or controversy arising out of or relating to this Agreement, the Service, or the relationship between you and FitCam Health shall be resolved exclusively through final and binding arbitration on an individual basis, except as expressly provided in this Section.
Arbitration shall be administered by the American Arbitration Association (“AAA”) under the Federal Arbitration Act and the AAA Consumer Arbitration Rules, as modified by this Agreement. The arbitrator shall have exclusive authority to resolve disputes, including issues of arbitrability.
YOU AND FITCAM HEALTH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Opt-Out Right
You may opt out of this arbitration provision by sending written notice to contact@fit.cam within thirty (30) days of first accepting this Agreement. Your opt-out notice must include your name, address, and a clear statement that you wish to opt out of arbitration.
14. Governing Law and Venue
This Agreement is governed by the laws of the State of New York, without regard to conflict-of-law principles, except where federal law applies.
15. Modification and Termination
FitCam Health may modify these Terms or suspend or terminate the Service at any time, with or without notice. Your continued use of the Service constitutes acceptance of any updated Terms.
Upon termination, provisions relating to intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution shall survive.
16. General Legal Provisions
This Agreement constitutes the entire agreement between you and FitCam Health regarding the Service and supersedes all prior agreements or understandings. No partnership, agency, or joint venture is created by this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
17. Medical Disclaimer (Reaffirmation)
Do not ignore or delay seeking professional medical advice because of information provided through the Service. Always consult your healthcare provider regarding any medical condition or treatment.
Call 911 or your local emergency number for all medical emergencies.