The FitCam Terms of Use are an agreement between FitCam and FitCam users concerning access to, and use of, various services offered through the FitCam Health Mobile App.
FitCam Health Terms of Use
These Terms of Use (“TOU”) are an agreement between you, on behalf of yourself and/or an individual either (i) under the age of Eighteen (18) Years Old but older than Thirteen (13) Years Old; or (ii) for whom you have been legally designated as a guardian (a “Minor”, which, together with individuals Eighteen (18) years or older, are referred to, individually, as “you”) and Prove Labs, Inc., a Delaware corporation (“FitCam Health”) concerning your access to and use of, various services offered through our Mobile App and any web-based and/or mobile applications that require you to create an account in order to use the Services(as such term is hereinafter defined) (collectively, the “App”) By accessing, browsing, and/or using the App, you accept and agree to be bound by the TOU and the Privacy Policy (collectively, the “Terms and Conditions”). If you do not agree to all of these Terms and Conditions, do not access or use the App. If you have questions regarding these Terms andConditions, please contact us at contact@fit.cam.
These TOU may change. Because your use of the App means that you agree to these TOU, onbehalf of yourself and/or a Minor, if we revise and update these TOU, your continued use of FitCam Health and the App will mean that you accept these changes. You choose whether or not to use FitCam Health and the App. If you do not agree to all of these TOU, please do not use FitCam Health and the App.
IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.
Your Relationship with FitCam Health
FitCam Health on its own behalf and on behalf of one or more professional corporations and/or professional limited liability companies1 incorporated, formed or authorized in one or more states and for which Prove Labs, Inc. provides administrative services (collectively, the “Professional Entities”), makes certain information available to you regarding remote monitoring care, (the “Services”). Our Privacy Policy details how we may use, share and maintain any information that you provide to us or to the Professional Entities. FitCam Health's role is limited to making such information available to you and/or facilitate your access to the Services, on behalf of the Professional Entities as their “business associate” as that term is defined under the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations (“HIPAA”). FitCam Health is independent from the Professional Entities and the healthcare providers that may provide you with telehealth services through the Professional Entities. FitCam Health is not responsible for the Professional Entities’ acts, omissions or for any content of the communications made by them to you. FitCam Health does not engage in the practice of medicine or provide any other health services.
FitCam Health itself does not offer any diagnosis or treatment.
ALL INFORMATION PROVIDED ONTHIS APP OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY FITCAM 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 AND FEDERAL LAW.USE OF THE FITCAM HEALTH APP IS NOT A SUBSTITUTE FOR PROFESSIONAL DIAGNOSIS OR TREATMENT AND RELIANCE ON ANY INFORMATION PROVIDED BY FITCAM HEALTH IS SOLELY ATYOUR OWN RISK.
Your Representations, Warranties and Covenants to FitCam Health
By accessing the App, you represent and warrant the following: (i) you are at least eighteen (18) years of age and are able to legally bind the Minor (ii) you have the legal ability and authority to enter into these TOU with FitCam Health on behalf of yourself and/or the Minor, (iii) the information you have provided to FitCam Health in your registration for yourself and/or the Minor is accurate and complete, (iv) you will comply with any and all laws applicable to your use of the App (v) you will not interfere with a third party's use and enjoyment of the App (vi) you will not interfere with or disrupt FitCam Health's or its vendors' security measures, (vii) if any information you provide to FitCam Health becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify FitCam Health, and (viii) you are accessing the App for yourself or on behalf of the Minor or in conjunction with a patient with the patient’s permission.
In connection with your relationship with FitCam Health, you may provide to us, or cause to be provided to us on your behalf, personal information, including health information. We will use your information in accordance with our Privacy Policy.
FitCam Health is designed to monitor your health in between visits with your Health Provider. All medical decision and choices you make are yours, and we believe that you are the best decision maker about your health and that these decisions should be made in connection with the advice you receive from a formal provider-patient relationship. Always use common sense when making health decisions. FitCam Health (the “App”) cannot make decisions for you. FitCam Health (the “App”) is not a place for treatment or diagnosis. Please use any information you find on the App responsibly.
You are responsible for providing and maintaining, at your own risk, option, and expense, appropriate software and hardware capabilities (consistent with any technical, quality, or other requirements described on the App) to enable use of the App, including, but not limited to, a computer or mobile device with internet access. You are solely responsible for any fees, including internet connection or mobile fees that you incur while using the App. You also have a duty to provide truthful, accurate, and complete information in any forms or other communications you submit to or through the App. We reserve the right to change the access configuration, including any software, hardware, or other requirements of the App at any time without prior notice.
Access to the App
The App and the information and content available through the App are protected by copyright laws throughout the world. Subject to these TOU, FitCam Health grants you a limited, non-transferable, and revocable license to access and use theApp for your personal use. Unless otherwise specified by FitCam Health in a separate license, your right to use any of the services available through theApp is subject to these TOU and all rights are reserved by FitCam Health. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights incorporated in or accompanying this App.
Any use or attempted use of this App (1) for any unlawful, unauthorized, fraudulent, or malicious purpose; (2) that could damage, disable, overburden, or impair the App; (3) that could interfere with any other party’s use and enjoyment of the App; (4) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining, or any other means; or (5) for any other use other than the business purpose of which it was intended, is prohibited. FitCam Health reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user’s access and/or account. FitCam Health further reserves the right to monitor general use of the App at any time as it deems appropriate and to remove any materials that may violate these TOU.
FitCam Health may terminate your use of the App or any of FitCam Health’s features or services at any time and for any reason without notice. You agree that if your use of the App is terminated pursuant to these TOU, you will not attempt to use the App under any name, real or assumed. Except as otherwise provided in the Privacy Policy, or as required by applicable law, we have no obligation, whether before or after the termination of your use of the App, to return or otherwise provide to you any information to use, or any other information that we have that relates to you.
Third Party Links
FitCam Health may provide links to third-party web Apps. FitCam Health does not recommend and does not endorse the content on any third-party webApps. FitCam Health is not responsible for the content of linked third-party Apps, Apps framed within the App, third-party Apps provided as search results, or third-party advertisements. Your use of third-party webApps is at your own risk, and subject to the terms and conditions of use for such Apps. FitCam Health does not endorse any product, service, or treatment advertised on the third-party App. FitCam Health does not control and is not responsible for the privacy practices of such third parties. FitCam Health encourages you to review the privacy policies of each webApp and application you visit and use.
Limitation on Use by Minors under the age of Thirteen (13) Years of Age
Our service is intended for use by individuals who are at least thirteen (13) years of age.The App is not designed or intended to attract, and is not directed to, children under thirteen (13) years of age. If FitCam Health obtains actual knowledge that it has collected personal information through the App from a person under thirteen (13) years of age, FitCam Health will use reasonable efforts to refrain from using such personal information or maintaining it in retrievable form. Individuals under thirteen (13) years of age (and/or their parent or guardian) may contact FitCam Health if they believe their personal information has been collected and/or displayed on the App and request its removal and/or destruction.
Please note that FitCam Health is not required to erase or otherwise eliminate, or enable erasure or elimination of such content or information in certain circumstances, such as, for example: (1) when an international, federal, state, or local law, rule, or regulation requires FitCam Health to maintain the content or information; (2) when FitCam Health maintains the content or information on behalf of a user’s healthcare provider as part of such user’s medical record;(3) when the content or information is stored or posted to the App by a third party other than the user (including any content or information posted by the user that was stored, republished, or reposted by the third party); (4) when FitCam Health anonymizes the content or information, so that such user cannot be identified individually; (5) when such user does not request that such information be removed from the App; and (6) when such user has received compensation or other consideration for providing the content or information.
The foregoing is not intended to be an admission that FitCam Health is subject to the ChildOnline Privacy Protection Act, the Federal Trade Commission’s Children’s Online Privacy Online Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations.
Account Information
When you create an account with FitCam Health on behalf of yourself and/or a Minor, you are creating a direct customer relationship with FitCam Health that enables you to access and/or utilize various functions of the App. Moreover, when establishing an account with FitCam Health for a Minor, you acknowledge and agree that, once you have established a FitCam Health account for the Minor and the first clinical visit during which you are present in the visit with the Minor is completed, you hereby consent and agree that the Minor may use the App and such account without your continued presence and participation and such Minor shall have full rights to access the FitCam Health account without your permission and supervision. You must be present with the Minor for the first clinical visit to be performed.
As part of that relationship, you will provide certain information to FitCam Health, including but not limited to, your name, email address, shipping address, phone number, insurance information (or selection of “no insurance” to elect self-pay), and certain transactional information that FitCam Health does not consider to be “protected health information” or “medical information”. FitCam Health will use the data and information that you provide in accordance with its Privacy Policy. If you are establishing an account fora Minor, you will provide FitCam Health with information in the same manner.
Data Retention
FitCam Health may retain your information for (1) as long as it believes necessary; (2) as long as necessary to comply with its legal obligations, resolve disputes, and/or enforce agreements; or (3) as long as needed to provide its users with the Services. FitCam Health may dispose of or delete any such information at anytime, except as set forth in any other agreement or document executed by FitCam Health or as required by law. Please see the Privacy Policy for additional information about how your data will be handled by FitCam Health.
Waiver
No delay or omission by FitCam Health to exercise any right or power it has under these TOU or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by FitCam Health must be in writing and signed by an authorized representative of FitCam Health.
Jurisdictional Issues
These TOU, the Privacy Policy, and FitCam Health’s collection, use, and disclosure of information are governed by United States law.
Miscellaneous
FitCam Health strives to use reasonable physical, technical, and administrative measures to protect information under its control. However, you as a user, or the Minor as a user, of the App are responsible for keeping your account passwords and login information secure and confidential, and you are responsible for any all use of the App. If you have reason to believe that the security of your account has been compromised, please notify us immediately at contact@fit.cam.
As a User of the App, you may choose to not provide us with certain information, but this may limit the features you will be able to user, or it may prevent you from using the App all together. You may also choose to opt out of receiving certain communications from FitCam Health. You agree and consent to the use of email and other text-based communications for the purposes of communicating about appointment scheduling and reminders, treatment information, physician referrals, and all other matters related to your use of the Services. These communications are protected by industry-standard security and privacy protocols.
FitCam Health may supplement, amend, or otherwise modify these TOU at any time. When we make changes, we will revise the “last modified” date at the bottom of this document. We encourage you to review these TOU periodically.
Disclaimers
DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE APP AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE, OR OTHER MATERIAL PROVIDED ON OR THROUGH THE APP. FITCAM HEALTH DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OFTHE APP. FITCAM HEALTH DOES NOT WARRANT THAT THE APP WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, OR IMPERFECTIONS.
Limitation of Liability
IN NO EVENT SHALL FITCAM HEALTH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RESULTING FROM ACCESS TO, THE USE OR LOSS OF USE, OR INABILITY TO USE THIS APP OR ANY OTHER APP LINKED TO THIS APP, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, STATEMENT OR CONDUCT OF ANY THIRD PARTY, ANY INFORMATION, APP, ERRORS, OR OMISSIONS IN THE CONTENT HEREOF, OR ANY OTHER MATTER RELATING TO YOUR USE OF OR ACCESS TO THE APP. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.
YOU HEREBY RELEASE AND FOREVER WAIVE AND DISCHARGE ANY AND ALL CLAIMS AND LIABILITIES YOUMAY HAVE AGAINST FITCAM HEALTH FROM ANY AND ALL MATTERS RELATING TO YOUR USE OF THE APP.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR IF YOU SEEK TO ASSERT ANY CLAIM AGAINST FITCAM HEALTH ARISING OUT OF OR RELATING TO THE TERMS AND CONDITIONS OF YOUR USEOF THE APP, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP.
Entire Agreement
These TOU and any other agreements FitCam Health may post on the App or that you and FitCam Health may execute from time to time constitute the entire agreement between FitCam Health and you in connection with your use of the App and supersede any prior agreements between FitCam Health and you regarding use of the App, including prior versions of these TOU.
Governing Law and Jurisdiction
Accessing this App or use of any of its content or services from locations where such access or use of its content or services is illegal is prohibited. Notwithstanding the laws of the location from which you access the App, you agree that the statutes and laws of the State of New York, notwithstanding any principles of conflicts of law, will apply to all matters relating to the use of the App. You irrevocably submit to the exclusive jurisdiction of the courts of the State of New York, Westchester County, in respect of all matters and disputes arising hereunder and waive any defense of lack of personal jurisdiction in that jurisdiction.
If any part ofthese TOU are deemed unlawful, void, or unenforceable, such part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Arbitration
In the event of any dispute between you and FitCam Health, you agree that such dispute shall be resolved through arbitration in Westchester County, New York by the American Health Lawyers Association (“AHLA”) Dispute Resolution Service and conducted pursuant to the applicable AHLA Rules of Procedure for Arbitration (the “Arbitration Rules”). The fees and expenses of any arbitration shall be allocated in accordance with the “Standard Allocation” provisions of the Arbitration Rules. The award of the arbitrator shall be final, binding and conclusive on all parties to the arbitration.
Changes to this Agreement
When we make changes, we will revise the “last modified” date at the bottom of this document. We encourage you to review these TOU periodically. Your continued use of FitCam Health constitutes your agreement to the changed TOU.
Last modified: 02/01/2025