1. Introduction
These terms and conditions of use (“Terms of Use”) govern your use of the website located at https://cascalahealth.com/, and any associated websites, mobile sites or applications, products, and software (collectively the “Sites”). The Sites are intended to facilitate the analysis of health records by generating summaries, insights, and suggested actions for informational and decision-support purposes (collectively, the “Services”). The Sites and the Services are owned and controlled by Cascala Health, Inc. and its subsidiaries, affiliates, successors, and assigns (collectively, “we,” “us,” or “our”). The terms “you” and “your” mean you or any other person using the Sites on your behalf.
PLEASE READ THESE TERMS OF USE CAREFULLY AND IN THEIR ENTIRETY, AS THESE TERMS OF USE INCLUDE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. Feel free to contact us if you have any questions regarding these Terms of Use.
2. Acceptance of Terms
Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the Sites and the Services. By using the Sites and the Services, you acknowledge that you have read, understand, and accept all terms and conditions contained within these Terms of Use and our Privacy Policy. Please note that additional terms and conditions may apply to some of the Services, all of which terms are made a part of these Terms of Use by reference. In the event of a conflict between these Terms of Use and the terms posted to a specific portion of any of the Sites or for any of the Services, the supplemental terms shall control with respect to your use of the specific portion of the Sites or the Services.
Additionally, your ability to use some of the Services may involve other terms and conditions regarding third party products and services. These terms and conditions may apply to you, but in no event shall such terms apply to us.
3. Your Account
These Terms of Use will remain in full force and effect for as long as you use the Sites and any of the Services. To use many of the Services, you must first create a user account (“Account”). The terms “you” and “your” as used in these Terms of Use also include any person accessing your Account on your behalf.
You must safeguard your login information that you use to access your Account and you must not disclose this information to anyone. You must notify us promptly of any unauthorized use of your Account or password by emailing us at the contact information listed below.
We may contact you by telephone, mail, text, or email to verify your Account information. We 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 7 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Sites and the Services until you provide the information to us as requested.
In the event that your Account is terminated, these Terms of Use will remain, to the extent applicable, in full force and effect.
We reserve the right, in our sole discretion, to terminate your Account, with or without cause, and with or without notice.
4. Services
We contract with and offer the Sites and the Services to allow health care payers and care delivery organizations, including their respective employed or otherwise engaged health care providers (“Providers”), health service workers and administrative staff (collectively, the “Practices”), to use our Services in providing care and assistance to their patients and clients. However, the information provided does not, under any circumstances, constitute medical advice from us.
We contract with and provide services to the Practices, which are independently owned. We do not employ or in any way supervise or control the Practices providing care. While we facilitate care coordination, we do not engage in the practice of medicine or provide medical advice or care. The content of the Sites 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 us. We are not responsible for the quality or the appropriateness of any care or assistance the Practices render.
Our Services may incorporate artificial intelligence (“AI”) technologies that analyze user health data to generate summaries, insights, or recommendations. These AI-generated outputs are based on recognized clinical guidelines and data patterns, but they are not a substitute for professional medical advice, diagnosis, or treatment. See the “AI Governance” section below for more details.
You acknowledge and agree to the following regarding the Practices:
5. AI Governance
Our Services incorporate artificial intelligence (“AI”) technologies to support users in analyzing health-related data, generating summaries, surfacing insights, and offering decision-support suggestions. These technologies may include machine learning models, natural language processing, data-driven pattern recognition, and other technology. While these tools are designed to assist healthcare professionals and users in making informed decisions, they are not intended to replace the judgment of qualified medical [and other healthcare / care] professionals, or serve as a substitute for personalized medical advice, diagnosis, or treatment.
Principles Guiding AI Use
We are committed to the ethical and responsible use of AI. Our AI systems are developed and maintained in accordance with the following principles:
Limitations of AI
You acknowledge and understand that:
Improvement and Auditing
Cascala Health engages in regular auditing, validation, and retraining of AI models designed to improve clinical alignment, model performance, and regulatory compliance. We may utilize anonymized and aggregated data, including user interactions, to further develop the AI model over time.
6. Availability of Services
We operate subject to applicable 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 Sites and/or the Services is limited exclusively to users located in states within the United States where the Services are available. Accessing the Sites or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.
7. User Information
In connection with your use of the Sites or the Services, you may submit, upload, post, or transmit to us content, including without limitation text, photos, audio, code, instructions, requests, ideas, suggestions, comments, forms and agreements, files, videos, images, and other materials (collectively, “User Information”).
You agree not to provide any User Information that:
You agree not to contact other users of the Sites through unsolicited e-mail, telephone calls, mailings, or any other method of communication.
You agree not to provide us with any third party’s confidential information or proprietary information, and you understand and agree that any User Information you provide through the Sites or the Services, whether by direct entry, submission, phone, text, chat, email or otherwise, including, but not limited to, data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary. By submitting, posting, or displaying User Information, you give us and our sub-licensees, successors, and assigns a perpetual, irrevocable, worldwide, royalty-free, fully paid up, transferable, sublicensable (through multiple tiers), and non-exclusive right and license without restriction to copy or otherwise reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, create derivative works of or from, de-identify, aggregate, and otherwise fully exploit any User Information that you submit, post, or display on or through the Sites or the Services, in each case to the fullest extent permitted by applicable law.
Such information may be used for any purpose, including, without limitation, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting. We shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us via the Sites or the Services or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products and services using such information, which may include existing as well as new products and services.
You represent and warrant that you have the right to provide all User Information and that we may use it as set forth herein. If you violate the restrictions set forth in this User Information section or under “Your Restrictions” below, we have the right to immediately remove your User Information from the Sites.
8. Your Restrictions
You may not:
In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of your information or related materials from the Sites.
9. Your Representations and Warranties
In addition to any other representations and warranties set forth in these Terms of Use, you represent and warrant and agree that:
10. Consent to Communications
When you use the Sites 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 to the extent permitted by applicable law; 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.
By providing us with your phone number, you are agreeing to be contacted by us at the number you have provided, including calls and text messages, to receive informational, Services-related, and marketing communications relating to the Sites and the Services. You can opt-out of receiving further calls and text messages by emailing hello@cascalahealth.com. Please note that by withdrawing your consent, features of certain Sites and certain Services may no longer be available to you.]
11. Ownership and Copyright
Copyrights, trademark rights, database rights, design rights, and any and all other intellectual property and other rights relating to the Sites, the Services, and any information or documents offered by us and/or the Sites existing now or in the future, including but not limited to computer programs, source and object code, documentation, software graphics, text, images, designs, videos, sound, illustrations, animations, databases, logos, domain names, trade names and trade identities (collectively, the “Materials”), are our property as between you and us. All elements of the Sites, including without limitation the general design and the Materials, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. The Sites, the Services, and the Materials may only be used for the intended purpose for which they are being made available.
Images of people or places displayed on the Sites are either our property or used with permission. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Sites. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
A single copy of the Materials may be downloaded or otherwise copied from the Sites for non-commercial personal use only, provided however, that all copyright and other proprietary notices are kept intact. Any further copying, reproduction, publication, posting, transmission, or distribution of any part of the Materials in any way is prohibited. We do not in these Terms of Use, except as expressly provided herein, grant and license or right, express or implied, to any person under any intellectual property right. Except as authorized under copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available through the Sites. Modification of the Materials or use of the Materials for any other purpose is a violation of our copyright and other proprietary rights. We neither warrant nor represent that your use of the Materials will not infringe the rights of third parties not owned by or affiliated with us.
12. Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that content appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that content posted on the Sites infringe your copyright, you (or your agent) may send us a “Notification of Claimed Infringement” requesting that the content be removed, or access to it blocked. The notice must include the following information:
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Sites should be sent to the contact information listed below. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
13. Accuracy of Information and Functionality
Although we attempt to ensure the integrity and accuracy of the Services descriptions, the Materials, and other content on the Sites, we make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Sites, the Services descriptions, the Materials, and other content on the Sites. It is possible that the Sites could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Sites by third parties. Materials contained on the Sites may be changed or updated without notice.
AI-generated content may not always be accurate, complete, or applicable to your specific circumstances. While we strive for high-quality outputs, we make no representations, warranties, or guarantees whatsoever as to the accuracy or clinical appropriateness of insights generated by AI tools.
Additionally, we shall have no responsibility or liability for information or content posted to the Sites from any third party not affiliated with us. We may at our discretion withdraw, suspend, or discontinue any functionality or feature of the Sites or the Services, among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over any local or interchange telecommunications carrier. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Sites in accordance with our internal record retention and/or destruction policies.
14. Links to Other Websites
The Sites may allow connectivity (e.g., via links or references) through websites, platforms, and applications developed and maintained by third parties over whom we have no control, such as clinical decision support software and applications available from UptoDate, Inc. and online resources provided by the American Academy of Family Physicians. Any content you provide through those third-party resources are subject to terms and conditions of those resources. Inclusion of any link to such third-party websites, platforms, and applications does not imply an endorsement or recommendation by us. We make no representations or warranties of any kind as to the accuracy, currency, or completeness of any information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information. If you decide to access any of the third-party websites, platforms, and applications linked to the Sites, you do so entirely at your own risk.
15. Disclaimers
YOU UNDERSTAND AND AGREE THAT WE ARE NOT ENGAGED IN THE PRACTICE OF MEDICINE OR THE PROVISION OF HEALTHCARE SERVICES OR MEDICAL, FINANCIAL, LEGAL, OR OTHER PROFESSIONAL ADVICE. WE PROVIDE INFORMATION TECHNOLOGY SERVICES. THE SITES AND OTHER PRODUCTS AND SERVICES HAVE BEEN DESIGNED SOLELY FOR THE PURPOSE OF FACILITATING TRANSITION EVENT MONITORING, CARE TEAM COMMUNICATION, AND CARE NAVIGATION AND INTERVENTION SUPPORT BY AND BETWEEN HEALTHCARE PROVIDERS, PAYORS, AND BENEFICIARIES. NEITHER THE SITES NOR ANY OF THE OTHER SERVICES, INCLUDING AI TOOLS AND AI OUTPUTS, IS INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE OR SERVICES. YOU AGREE TO NEVER DISREGARD ANY STANDARD OF CARE OR PROFESSIONAL ADVICE AND TO NEVER DELAY IN SEEKING ANY SUCH ADVICE OR ENCOURAGING ANY THIRD PARTY TO SEEK SUCH ADVICE BECAUSE OF INFORMATION OBTAINED FROM US, FROM ANY OF THE SITES, OR FROM ANY OTHER SERVICE OR PRODUCT. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITES OR THE SERVICES IS AT YOUR SOLE RISK. THE SITES AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT ALLOWED BY LAW, (1) WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW) OR STATUTORY, AS TO ANY MATTER WHATSOEVER; AND (2) WITHOUT LIMITING THE GENERALITY OF THE FORGOING, WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, THAT (a) ANY OF THE SITES OR SERVICES, INCLUDING ANY AI TOOLS AND AI OUTPUTS, WILL BE ERROR-FREE, MEET YOUR REQUIREMENTS, OR ACHIEVE ANY PARTICULAR RESULTS;(b) ACCESS, USE, OR OPERATION OF ANY OF THE SITES OR SERVICES, INCLUDING ANY AI TOOLS AND AI OUTPUTS, WILL BE UNINTERRUPTED, TIMELY, OR SECURE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES OR THE SERVICES WILL BE ACCURATE, RELIABLE, OR USEFUL; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES OR THE SERVICES WILL MEET YOUR EXPECTATIONS OR NEEDS; AND (e) ANY ERRORS IN THE SITES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITES OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONAL INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. SPECIFICALLY, WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY AS TO: (i) THE AVAILABILITY OF ELECTRONIC OR TELECOMMUNICATION SERVICES AND ACCESS TO THE ELECTRONIC OR TELECOMMUNICATION SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE ELECTRONIC OR TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE ELECTRONIC OR TELECOMMUNICATION SERVICES. WE DO NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR USE OF THE SITES OR PARTICIPATION IN THE SERVICES AND, THEREFORE, WE SPECIFICALLY DISCLAIM ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN OR USE OF THE SERVICES OR THE SITES. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL, OR THROUGH THE SITES OR SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
16. Limitation of Liability Regarding Use of the Sites
EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR (1) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES OF ANY KIND, LOST OR DAMAGED DATA, REDUCED OR LOST USE OF DATA, DATA BREACH, LOST PROFITS OR LOST REVENUE, DIMINUTION IN VALUE, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, OR OTHERWISE; OR (2) ANY DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (a) YOUR USE OR THE INABILITY TO USE ANY OF THE SITES OR SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH, OR FROM THE SITES OR SERVICES, (c) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; (d) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (e) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; OR (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON ANY OF THE SITES OR WITH RESPECT TO ANY OF THE SERVICES.
17. Supplemental Terms Applicable to Providers
These supplemental terms applicable to providers (these “Supplemental Terms Applicable to Providers”), in addition the other provisions of these Terms of Use, apply to Providers using any of the Sites or Services. In the event of a conflict between these supplemental terms and any other terms herein, the supplemental terms shall prevail.
Any healthcare provider using the Sites (for purposes of this Section “referred to as “you” or a “Provider”), including any a licensed physician, nurse practitioner, or healthcare professional contracted or employed by the Practices, hereby agrees 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 users of the Sites (including, but not limited to, your patients at your applicable Practice) is directly between you and the patient. The patient will never have a physician-patient relationship with us. We do not practice medicine and offer no medical services. As set forth more fully below, you are solely responsible for all agreements, consents, notices and other interactions with patients and other consumers.
We do not provide any medical advice, legal advice, or representations in any way regarding any legal or medical issues associated with you, goods or services offered by you, including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws and regulations. You 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 your compliance obligations under law. All information generated by AI is intended to support, not replace, the expertise and judgment of healthcare Providers. Providers are responsible for evaluating the appropriateness of any output provided through the Services. You, and we, agree that we are not providing, to patients or anyone else, medical advice or legal advice.
You will use the Sites and Services only in accordance with applicable standards of good medical practice. While software products such as the Sites and Services may facilitate and improve the quality of service that you offer patients, many factors, including but not limited to 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. You shall be solely responsible for your use of the Sites and Services, and the provision of medical or other care related services to your patients. In this regard, you hereby release us and our affiliates and waive any and all potential claims against us and our affiliates as a result of your use of the Sites and Services, and the provision of services to your patients.
As a result of the complexities and uncertainties inherent in the patient care process, you hereby to indemnify, hold harmless, and agree to defend us and our officers, directors, employees, agents, and representatives, and our and their respective affiliates (collectively, “Indemnified Parties”) from any settlement amounts and damages, liabilities, penalties, costs, and expenses (collectively, “Liabilities”) that are payable by the Indemnified Parties (including attorney’s fees) arising from or related to, directly or indirectly, any claim, demand, or allegation by or on behalf of any your patients, or by or on behalf of any third party, including any of your patients, or any other third party or person claiming damage by virtue of a familial or financial relationship with any such patient, that is brought against any of the Indemnified Parties, regardless of the cause, if such claim arises for any reason whatsoever out of, or is related to, directly or indirectly, your use or operation of the Sites and Services. To the extent applicable, you will obtain our prior written consent to any proposed compromise, settlement, or judgment other than solely for money damages. If we become aware of any matter that we believe should be the subject of indemnification hereunder, we will promptly notify you in writing of any such claim, action, suit, investigation, arbitration, or other proceeding (each, an “Action”) subject to this indemnification, and at your expense will (i) provide you with the information reasonably required for the defense of the same, and (ii) grant to you exclusive control over your defense with counsel of your choosing approved by us (which approval shall not be unreasonably withheld) and, subject to the foregoing limitations, compromise or settlement. You agree that we may fully participate in any such Action with counsel of our choosing at our own expense.
If you submit, upload, transmit, or post any consents, notices, advice, recommendations, comments, files, videos, images or other materials to us or any of our Sites (“Provider Content”), you agree not to provide any Provider Content that (a) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. You are solely responsible for obtaining all necessary agreements and consents from, and providing all required notices to, patients and other consumers in conjunction with medical examination activities. 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 us that you have the legal right and authorization to upload all Provider Content at the Sites. We shall have a royalty-free, irrevocable, transferable right and license to use the Provider Content however we desire, 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. We are and shall be under no obligation: (i) to maintain any Provider Content in confidence; (ii) to pay to you any compensation for any Provider Content; or (iii) to respond to any Provider Content.
We reserve the right (but shall not have any obligation) to monitor and edit or remove any Provider Content submitted to the Sites. You grant us the right to use the name(s) 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 Sites. We, and our affiliates, take no responsibility and assume no liability for any Provider Content submitted by you or any third party.
18. No Third Party Rights
Unless expressly stated in these Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you and your respective affiliates, successors and assigns and us and our respective affiliates, successors, and assigns. Nothing in these Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to, respectively, (a) you or to any of your affiliates, successors, and assigns and (b) us and our respective affiliates, successors, and assigns, nor shall any provision give any third party or parties any right of subrogation or action over against, respectively, (y) you and your affiliates, successors, and assigns and (z) us and our affiliates, successors, and assigns.
19. Assignment
You may not assign, transfer, or delegate these Terms of Use or any part hereof without our prior written consent, and any attempted assignment, transfer, or delegation in violation of this sentence shall be null and void. We may freely transfer, assign, or delegate all or any part of these Terms of Use, and any rights or duties hereunder or thereunder. Subject to the foregoing, these Terms of Use will be binding upon and inure to the benefit of the respective heirs, successors, and permitted assigns of the parties.
20. Dispute Resolution; Arbitration
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware excluding its conflict of law rules that would require the application of the laws of any other jurisdiction.
Any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, shall be settled by arbitration administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in accordance with its commercial arbitration rules and any supplementary rules and procedures for consumer related disputes by a sole arbitrator. The parties hereto shall endeavor to agree upon the arbitrator, and if they fail to do so within twenty-one (21) days of the commencement of the arbitration, the appointment shall be made by the JAMS in accordance with its commercial arbitration rules. The place, or legal seat of arbitration, shall be Wilmington, Delaware, and the language of the arbitration shall be English.
You may only bring claims in your individual capacity on your own behalf, and not in any representative capacity or on behalf of any class or purported class, and no arbitration you commence hereunder may be joined with or include any claims by any other persons. Each party shall bear its own arbitration filing fees.
The arbitrator shall issue a reasoned award and shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance, and any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award. Nothing herein, however, shall authorize the arbitrator to act as amiable compositeurs or to proceed ex aequo et bono. Each party hereto retains the right to seek interim measures from a judicial authority, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The arbitrator shall award the prevailing party, if any as determined by the arbitrator, its reasonable costs, including reasonable attorney’s fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law. Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than a witness or expert), except as may be required by law. Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed to the extent permitted by law.
21. Force Majeure
No delay or failure to perform, hindered compliance, or interrupted operation shall be deemed to be our breach of/ , nor shall we liable for any of the foregoing or any breach of, these Terms of Use or our Privacy Policy due to any act of God, pandemic, epidemic, public health crisis, terrorism, nuclear or biological or chemical attack, mass shooting, illegal activity, civil unrest, riot, insurrection, act of declared or undeclared war or of a public enemy, explosion, incendiaries, fire, wildfire, earthquake, flood, hurricane, tsunami, severe weather, interference or action or inaction by civil or military authorities, state of emergency, strike, work slowdown, labor shortage, supply chain failure, shortage of raw materials, inadequate transportation or transportation-related services, tariff war, international trade disruption, failure or inadequacy of telecommunications, energy, or other utilities (including for example blackout, brownout, energy shortage, any disruption or damage to the internet or other computer or communication systems, satellites, networks, or facilities), failure or inadequacy of other infrastructure, compliance with any unforeseen governmental act or order, governmental shutdown, or any cause beyond its reasonable control whether similar or dissimilar to any of the foregoing.
22. Indemnification
You agree to defend, indemnify, and hold us, our affiliates, and our respective officers, directors, agents, and employees harmless from and against any and all rights, demands, losses, liabilities, judgments, fines, interest, penalties, damages, claims, expenses, causes of action, actions, suits (no matter whether at law or equity), fees, and costs, (including, without limitation, attorneys’ fees and fees of other professional advisors) arising directly or indirectly out of or in connection with: (a) your use or misuse of the Sites, the Services, the Materials, or any information posted on the Sites or provided as part of the Services; (b) your breach of these Terms of Use or our Privacy Policy; (c) the content or subject matter of any information (including without limitation User Information) you provide to us; (d) any negligent or wrongful act or omission by you in your use or misuse of the Sites, the Services, the Materials, or any information on the Sites or provided as part of the Services, including without limitation infringement or violation of intellectual property rights or privacy rights, or negligent or wrongful conduct; (e) violation of any terms and conditions related to and/or governing use of any third party product or service; (f) any misuse, negligence, willful misconduct, reliance upon, or unauthorized modification of any AI tools or AI outputs; and/or (g) your failure to comply with any applicable laws or regulations.
23. Termination, Modification, and Other General Terms
We reserve the right, in our sole discretion, to terminate your access to all or part of the Sites and any of the Services, with or without cause, and with or without notice. Unless otherwise stated, any other rules, restrictions, guidelines, and terms and conditions that may be posted or made available in connection with a particular feature of the Sites or the Services are incorporated by this reference into these Terms of Use.
We reserve the right to modify these Terms of Use from time to time in our sole discretion, effective upon posting. In the event of such changes, we will post the updated Terms of Use on the Sites and/or notify you via email. Any use of the Sites or the Services after such changes will be deemed an acceptance of those changes. You should periodically visit this page to review the most current Terms of Use so you are aware of any such revisions to which you are bound.
These Terms of Use constitute the entire agreement between you and us pertaining to the subject matter hereof. In our sole discretion, certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the Sites.
If any provision of these Terms of Use or portion thereof is found to be unlawful, void, or for any reason unenforceable, then that provision or portion shall be deemed reformed to the extent necessary to make it consistent with the original intent of the parties under these Terms of Use or, if it cannot be so reformed, deemed severed from these Terms of Use, which shall not affect the validity and enforceability of the unsevered portion, if any, of such provision or any remaining provisions of these Terms of Use.
Your use of the Sites or the Services is independent of us, and nothing in these Terms of Use shall be construed to place the parties in any agency, employment, franchise, joint venture, or partnership relationship for any purpose. Neither party will have the authority to obligate or bind the other in any manner, and neither party will represent to the contrary, either expressly, implicitly, or otherwise.
Failure by either party to enforce any provision of these Terms of Use will not be deemed a waiver of future enforcement of that or any other provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
How to Contact Us:
Name: Cascala Health
Address: 867 Boylston Street, FL 5 #2008, Boston, MA 02116
Telephone: 617-249-4052
Email: hello@cascalahealth.com
