Terms of Use
Last Updated: March 6, 2022
Palana, Inc. (Palana, we, us, or our) owns and operates websites, software applications (including mobile apps), and online platforms (together, the Platforms) through which you may access to or and receive telehealth and related services directly from healthcare providers (the Telehealth Services). These Terms of Use (Terms) govern your use of the Platforms, including with respect to your receipt of the Telehealth Services. PLEASE READ THESE TERMS CAREFULLY. These Terms apply to all users of the Platforms.
By accessing and/or using the Platforms (including by receiving or providing Telehealth Services through the Platforms), you agree to and accept these Terms, regardless of whether or not you have a Platform account. Please save a copy of these Terms.
ARBITRATION NOTICE: These Terms contain a binding arbitration provision. You agree that, except for certain types of disputes described in the arbitration provision below, all disputes between you and Palana will be resolved by mandatory binding arbitration and you waive any right to participate in a class action lawsuit or class-wide arbitration.
We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Platforms and, by accessing or using the Platforms after changes are posted, you agree to those changes. Material changes will be prominently posted on the Platforms.
I. Information Collected by Palana; Privacy Policy
By using the Platforms or receiving Telehealth Services, you consent to the processing of your information, which will be collected by Palana, consistent with our Privacy Policy and Privacy Practices.
II. Scope of Use
Palana facilitates your communication and care with healthcare providers. However, Palana does not provide any medical advice or physician or other healthcare providers' services except as identified in these Terms through an affiliated entity. Any information or advice received from a healthcare provider through the Platforms comes from the provider alone and not from Palana. Other than the personalized content your healthcare provider sends you in a message within the Platforms or the personalized advice you receive during a telehealth visit, you should not consider any content on the Platforms to be medical advice.
Your interactions with healthcare providers through your use of the Platforms are not intended to take the place of your relationship with your regular primary care healthcare providers or certain specialists. All information provided by Palana on the Platforms or through any healthcare provider is intended to be for general informational purposes only and is in no way intended to create an exclusive physician-patient relationship.
III. Permitted Use; Ownership
All of the content available on or through the Platforms and any related materials, documentation, trademarks, service marks, and logos is the property of Palana or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property laws. Subject to your compliance with these Terms and payment of any applicable fees, we grant you a limited, non-exclusive, non-transferrable, non-assignable, non-sublicensable personal license to access and use the Platforms and Telehealth Services.
IV. Healthcare Providers
The healthcare providers who deliver Telehealth Services through the Platforms are independent professionals engaged by entities affiliated with Palana, Inc. Palana, Inc. does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine by the healthcare providers who deliver Telehealth Services through the Platforms.
V. Use Restrictions
You agree not to access the Platforms or use the Telehealth Services in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these Terms. You shall not post, use, store or transmit: (a) a message or information under a false name; (b) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (c) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others.
VI. User Accounts
To access the Platforms and the Telehealth Services, you must first enroll to establish an individual user account (“Account”), by providing certain information. With the exception of subaccounts established for minor children of whom you are a parent or legal guardian, you agree that you will not create more than one Account or create an account for anyone other than yourself without first receiving permission from the other person.
VII. Privacy and Security
Palana has implemented a variety of commercially standard encryption and security technologies and procedures to protect your personal information which is stored in its computer systems from unauthorized access. We also maintain standard physical and electronic procedural safeguards that limit access to your personal information to our employees (or people working on our behalf and under confidentiality agreements) who, through the course of standard business activities, need to access your personal information.
VIII. Communications
You agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications, or other records regarding the Platforms, the Telehealth Services, or other information that may be applicable or of interest to you (collectively, “Notices”). We can send you electronic Notices as follows: (a) to the e-mail address that you provided to us during registration; or (b) by posting the Notice on the Telehealth Service or otherwise through our site.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM.
IX. Limitation of Liability
PALANA DOES NOT ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, HEALTHCARE PROVIDERS, MEDICATIONS, PRODUCTS, OR PROCEDURES THAT ARE RECOMMENDED BY PROVIDERS THAT MAY USE THE PLATFORMS TO COMMUNICATE WITH YOU. YOU ACKNOWLEDGE THAT YOUR RELIANCE ON ANY HEALTHCARE PROVIDERS OR INFORMATION CONTAINED IN THE PLATFORMS OR PROVIDED BY THE HEALTHCARE PROVIDERS VIA THE PLATFORMS OR THROUGH THE TELEHEALTH SERVICES IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISKS ASSOCIATED HEREWITH.
X. Governing Law; Dispute Resolution
These Terms and your access and use of the Platforms and the Telehealth Services shall be governed by and interpreted in accordance with applicable laws without giving effect to the principles of conflict of laws. PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH PALANA AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Any dispute arising under or relating in any way to these Terms will be resolved exclusively by final and binding arbitration under applicable arbitration rules and the Federal Arbitration Act, 9 U.S.C. §§ 1-16, will govern the interpretation, enforcement, and proceedings.
XI. Contact Us
If you have any questions or concerns regarding these Terms, contact us by email at support@palanahealth.com.