Terms and conditions
Last modified: November 15, 2023
1. User Requirements
Please read this Agreement carefully, when you agree to the terms to access the software this becomes a legally binding contract.
The Healeo Services may consist of but is not limited to: (1) Patient CRM; (2) Verifying Patients (3) Email and SMS Notifications, (4) Telehealth and/or (5) POS.
By clicking “I Agree” to access to the software and accessing or using the Healeo service, you agree to be bound by the terms and conditions of this Agreement. If you do not choose to be bound by this Agreement, you are not authorized to access or use the Healeo Service and/or any of its components.
- User Requirements And Authorized Access
1.1 Authorized Users. In order to use Healeo Services, you must be a state licensed physician, caregiver or other medicinal cannabis collective or dispensary. Authorized Users are defined as a licensed physician or other licensed healthcare professional a (“Provider”) or a staff member who is not a physician or other person/s authorized to use the Healeo Services by a Provider that has agreed to this Agreement ( “Authorized User”). By registering to use Healeo Services, you warrant and represent that you have reasonable levels of malpractice and related liability insurance coverage for you and any Authorized User, including but not limited to coverage for electronic messaging. If you are registering on behalf of a Healthcare group (“Group”), you represent and warrant that you have the authority to accept this Agreement on behalf of all Providers that are associated with the Group that wish to use the Healeo Services, including contract Providers, and to bind such Providers to the terms of this Agreement to insure that each user of the Healeo is properly licensed.
1.2 License. Subject to this Agreement, Healeo hereby grants you a limited,non-transferable and revocable, non-exclusive license to use the Healeo software.
1.3 Agree to Not Reproduce. You agree not to reproduce or copy any text, data, graphics, images, videos, audio, interfaces or other works created by Healeo.
1.4 Reverse Engineering. Absolutely No Reverse Engineering. You agree not to modify, reverse engineer, disassemble, or decompile the Software, or any portion thereof.
1.5 Compliance. You and/or any other person on whose behalf you are entering into this Agreement with agree to use the Healeo Services in a way that is consistent with all applicable ethical and professional standards and requirements as well as local, state, and national laws and regulations. Healeo reserves the right to provide information to government agencies or legal authorities, and/or any injured third parties in the investigation of any criminal activity.
2. Healeo Account
2.1 Restrictions on Use. You will not, and will ensure that any employee or contractor who is a physician or non-physician, who is authorized to access and use the Healeo Software will not, directly or indirectly: (a) sublicense, sell, lease or otherwise transfer the Healeo Software; (b) use or permit the use of the Healeo Software in the operation of a service for others; (c) modify, copy or make derivative works based on the Healeo Software, or Healeo’s web site; (d) create Internet links to or from the Healeo Software for others or frame or mirror any of Healeo ‘s web site pages or other content that forms part of the Healeo Software; (e) use the Healeo Software to transmit material containing software viruses or other harmful computer code, files, scripts, agents or programs; (f) interfere with or disrupt the integrity or performance of the Healeo Software or the data contained thereon; or (g) attempt to gain or grant to others unauthorized access to the Healeo Software. You agree and warrant that your Healeo Account will not be used by you for any unlawful activities. You will not post, link to, transmit, or store any content or other information or communication that is prohibited by law, regulation and/or statute or is otherwise inconsistent with professional practice.
2.2 Multiple Users. Only the number of users for which you have paid a monthly subscription fee for may access and use the Healeo Software at any one time. Logged-in users may not share a logged-in identity or password to circumvent the concurrent user limitation. You may add more employees and contractors on the terms and conditions offered by Healeo. Unauthorized use, may limit access to the Healeo Software.
2.3 Right to Audit. Healeo reserves the right to audit you and each employee’s or contractor’s use of the Healeo Software to verify compliance with this Agreement. Healeo may elect at its sole discretion to monitor some, all, or none of the areas of your Healeo Account for adherence to the terms of this Agreement and its policies. If Healeo is notified or otherwise becomes aware of actions, of you or any user of your Healeo Account, that are alleged not to conform to this Agreement or Healeo otherwise believes is inappropriate, Healeo may investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of content from your Healeo Account or suspend or terminate this Agreement and/or your Healeo Account. Healeo shall have no liability or responsibility to you in respect of its performance or lack of performance of such activities.
2.4 Content. Healeo creates for you a Healeo account that you can customize to include content you create or add content that you secure permission from third parties to use. You are responsible for obtaining permission for all content entered into Healeo software.
2.5 OPERATIONS AND SERVICES. Healeo reserves complete and sole discretion with respect to the operation of the Healeo Services. Healeo may, among other things withdraw, suspend or discontinue any functionality or feature. You are responsible for developing and maintaining procedures to protect your information. For the sole purpose of Healeo’s internal operation and system maintenance or as may otherwise be permitted by you, Healeo may use, copy, display, store, translate, and reformat your information, and distribute such information to multiple computer systems in accordance with Healeo’s Privacy Policy Healeo does not guarantee that such procedures will prevent the loss or alteration of, or improve access to your information. Except as provided for under this Agreement or applicable law, Healeo is not responsible for maintaining data arising from use of the Healeo Services. Healeo will handle and maintain data in accordance with its internal operating procedures. Healeo is not responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers.
3. Obligations & Requirements
3.1 Your Obligations. (a) You will provide access to any data or materials Healeo may request in order to perform under this Agreement. (b) You will provide technology to access and operate the Healeo Software that meets the standard system requirements described in the applicable Documentation. You are responsible for obtaining and maintaining at your expense all necessary hardware, software, modems, Internet connections and other items necessary for you and your employees and contractors to access and use the Healeo Software securely, including, and without limitation, firewalls and other security software. You will notify Healeo prior to implementing any system changes that may affect its access to or use of the Healeo System. Healeo may assist you in addressing any issues caused by your system changes as mutually agreed by the parties in writing, for an additional fee. Healeo SHALL HAVE NO LIABILITY WITH RESPECT TO ANY SUCH PHYSICIAN SYSTEM CHANGES OR ANY HARDWARE, SOFTWARE, MODEMS, INTERNET CONNECTIONS, INTERNET ACCESS SERVICES OR OTHER ITEMS PROVIDED BY PHYSICIAN OR ANY THIRD PARTY, OR ANY UNAUTHORIZED ACCESS TO THE SYSTEM, ANY EMR OR ANY PHYSICIAN PROPRIETARY INFORMATION OR SECURITY ISSUES ASSOCIATED WITH ANY OF THE FOREGOING.
3.2 Patient Verification. You agree to be solely responsible for verifying the identity and authenticity of the patients who identify themselves to you and with whom you or your employees or contractors communicate through the Healeo Services. (a) You may make available to your patients a Healeo ID number. You are solely responsible for the information contained in your treatment response. Healeo makes no warranty as to the content of any treatment response. You are responsible for verifying the accuracy, reliability and completeness of the information contained in your treatment response. Nothing contained in the Healeo Services shall be construed, directly or indirectly, as the practice of medicine or dispensing of medical services by Healeo.
3.3 You shall not, and shall cause its employees or contractors not to access or attempt to access any Patient Information without the Patient’s authorization or to collect or attempt to collect personal information about third parties without their knowledge and consent.
3.4 You will ensure that any of your data or other software or electronic data provided by you to Healeo or used by you under this Agreement has been checked and cleared by commercially available and generally accepted tools for detecting computer viruses and other disabling code (collectively “Viruses”) known at the time of submission of such information or software. You are responsible for any Viruses it introduces into the Healeo Software.
3.5 You may not grant access to the Healeo Software to any persons other than its own employees and contractors who are bound by contractual obligations of confidentiality and limitation of use sufficient to give effect to this Agreement. Sharing of Passwords and your information is prohibited and at your own risk. You agree to use reasonable efforts to prevent unauthorized access to the Healeo Software and will promptly notify Healeo of any unauthorized access or use if aware of it’s existence. You are responsible for all activities that occur under of any Password even if unauthorized, unless due to Healeo’s fault or a failure of the Healeo Software. You will make reasonable attempts to limit access to and maintain confidentiality and privacy of sensitive or specially protected Patient Information. You will alert all employees and contractors of, and is liable for each employee and contractor’s compliance with, the terms and conditions of this Agreement.
3.6 You shall not, and shall cause your employees or contractors not to, use the Healeo Services for any Patient who is not a resident of the state where you are practicing and where the Patient is being evaluated.
3.7 Email Address. You agree to keep your account’s email address current, and grant Healeo permission to communicate with you using this email address. You may opt-out of email notifications by providing notice by email or in writing to Healeo.
4. Intellectual Property
4.1 You acknowledge and understand that the Healeo Software and the other products and services supplied by Healeo have been developed and/or are proprietary to Healeo and are protected by United States and international intellectual property laws. You acknowledge that Healeo is the sole and exclusive owner of the Software and of all associated federal intellectual property registrations and pending registrations, as applicable, and you shall do nothing inconsistent with such ownership. You further agree that you will not claim ownership rights to the Software, or any derivative, compilation, sequel or series, or related Work owned by Healeo. You agree that nothing in this Agreement shall give you any right, title, or interest in the Software other than the right to use the same in accordance with the terms of this Agreement. All software and accompanying documentation made available for download from Healeo is the copyrighted work of Healeo. The copyright holder retains software and documentation ownership. Ownership is not transferred to you; rather, you are licensed to use the software and documentation.
5. Payments & Fees
5.1 Subscriptions. Our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting our customer support team. You may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating.
5.2 Delinquent Accounts.. Healeo reserves the right to assess a 2 and 3 % monthly charge on delinquent invoices or the highest rate permissible by applicable law, whichever is less. You agree to fully reimburse Healeo for all collection expenses on delinquent accounts, including attorney fees.
6. Termination Of Agreement
6.1 This Agreement shall initiate upon the date you first access Healeo Software and/or complete the registration process therein and will continue unless terminated by either party. Either you or Healeo may terminate this Agreement and your right to use the Healeo Services at any time, with or without cause, upon notice. Healeo also reserves the right to terminate or suspend your use of or access to the Healeo Services for any reason, without prior notice, but Healeo will confirm such termination or suspension by subsequent notice. This Agreement and the licenses granted hereunder shall terminate without notice in the event you (or any individuals who are “patients” pursuant to your subscription) fail to comply with the terms and conditions of this Agreement, or the rules for use of the Healeo Services promulgated by Healeo from time to time. Upon any termination, you will destroy all copies of Healeo Materials in your possession and cease any access to or use of the Healeo Services.
6.2 Termination. Healeo may terminate this Agreement upon written notice if you fail to cure a payment breach within fifteen (15) days after written notice specifying the breach and at any time without cause upon thirty (30) days written notice. In addition, Healeo may terminate this Agreement effective upon written notice in the event that the Healeo Software, Access Services or your or any third party’s use thereof becomes, or in Healeo’s judgment is likely to become, subject to any law, rule, regulation, ordinance, decision, or legal or regulatory action. Either party may terminate this Agreement if (a) the other party materially breaches this Agreement and fails to cure such breach within thirty (30) days after written notice describing such breach; (b) the other party commits a material breach that by its nature is incurable; or (c) the other party becomes the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, reorganization, or receivership, or a trustee, receiver, or liquidator is appointed for the other party or a substantial part of its assets, or the other party becomes insolvent, unable to pay its debts as they become due, or makes any assignment for the benefit of its creditors.
6.3 Effect of Termination. Upon expiration or termination of this Agreement for any reason: (a) Healeo will cancel all Passwords and cease providing the Healeo Services to you or any employee or contractor; (b) You will, and will cause all employees or contractors to, stop using the Healeo Software; (c) all payment obligations of you through the effective date of expiration or termination will immediately become due; (d) each party will, at the other party’s option, promptly return or destroy all copies of the other party’s Proprietary Information in its possession or control. All provisions which by their nature or their express terms survive expiration or termination will continue thereafter until fully performed.
6.4 Customer Records. Healeo reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Healeo Services pursuant to its internal record retention and/or destruction policies as such policies may be amended. At a minimum, Healeo will retain information as long as required by any applicable law or regulation.