Date of Last Revision: Oct 01, 2022
DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
If you are THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER, call the National Suicide Prevention Lifeline at 1-800-273-8255.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1)YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST FOLD ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3)YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURYOR IN A COURT OF LAW.
Acceptance of These Terms of Service
Fold Health, Inc., a Delaware corporation (“Fold,” “we,” “us,” or “our”) provides our services(described below) and related content to you through our website(s) located at www.fold.health and www.foldhealth.io (the “Site”) and through our mobile applications and related technologies (“MobileApps”, and collectively, such Mobile Apps and the Site, including any updated or new features, functionality and technology, the “Service”). All access and use of the Service is subject to the terms and conditions contained in these FoldTerms of Service (as amended from time to time, these “Terms of Service”). By accessing, browsing, or otherwise using the Site, Mobile Apps, or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date theseTerms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the “Terms of Service” link on the Site and as displayed on our Mobile App. We will also notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions.If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.
All such Additional End-User Terms are hereby incorporated by reference into these Terms of Service.
Access and Use of the Service
ServiceDescription: The Service is designed to provide individuals with the ability to manage and track your healthcare received as a patient from a healthcare provider with which Fold has a business relationship. Through the Service, you may, among other things: enter information about yourself and your healthcare provider; complete forms and other documentation required by your healthcare provider; schedule and engage in interviews and tele health sessions with your healthcare provider; receive professional healthcare services (virtually and in person) and advice from healthcare providers; receive prescriptions from certain of your healthcare providers; communicate with your healthcare provider; view a summary of your treatment history, prescriptions, orders via theService, and other information; receive access to, and advice on the use of, certain medical devices; and order certain products and services provided by your healthcare provider.
Medical Advice Disclaimer: AS FURTHER SPECIFIED HEREIN, YOU ACKNOWLEDGE AND AGREE THAT FOLD DOES NOT PROVIDE ANY MEDICAL SERVICES OR ADVICE AND DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTEES, OR ENDORSEMENTS REGARDING ANY MEDICAL SERVICES OR ADVICE THAT YOU MAY OBTAIN THROUGH THE SERVICE. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THE SERVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY.
NO HEALTH CARE PROVIDER/ PATIENT RELATIONSHIP IS CREATED WHEN YOU USE THE SERVICE. FOLD IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS,OR ANY OTHER THIRD-PARTY INFORMATION, SITE, PRODUCT, OR SERVICE THAT YOU ACCESS THROUGH THE SERVICE.
The inclusion of any health care provider on the Service will not be considered as an endorsement of such health care provider by Fold and will not in any way mean that Fold has conducted any due diligence or other investigation regarding the health care provider.
Eligibility to Use the Service: You may access and use the Service if (a) you are at least 18 years of age (or the age of majority in your jurisdiction, if different); (b) you authorized a healthcare provider who is aFold customer to share your information with Fold; (c) you received an enrollment kit, including a Device and a registration code (an “Enrollment Kit”) from Fold; (d) you enroll through a partner program or clinic; or (e) you download the Mobile App and complete the registration process (including by agreeing to these Terms of Service).
Your Registration Obligations: You must be 18 years of age or older and reside in theUnited States or any of its territories to use the Services. By using theServices, you represent and warrant that you meet these requirements. You will be required to register with Fold or provide information about yourself (e.g., name, address, email address, and current health information) in order to access and use certain features of the Service and to receive your Devices (if applicable). In order to register for the Service, you may be required to enter a specific code that must be provided by your healthcare provider with which Fold has a business relationship. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. You agree that you will not create an account for anyone other than yourself without first receiving permission from the other person(unless you are their parent or legal guardian). Registration data and certain other information about you are governed by the Additional End-User Terms. Once your main account is created through the Services, you may create additional profiles under your main account for individuals for whom you are the parent or legal guardian by entering similar information. As part of this child profile creation process, you will be required to agree to these Terms of Service and other Additional End-User Terms with respect to your child’s use of the Services, and agree that all such terms and policies apply both to your and your child’s access and use of the Services. Subject to the below, each child for whom you wish to create a separate profile within theServices must also consent to these Terms of Service themselves as part of that profile creation process.The applicable registration process(es) must be completed before the first session may be scheduled through the Service.
Member Account, Password, and Security: You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (1) immediately notify Fold of any unauthorized use of your password or account or any other breach of security and (2) ensure that you exit from your account at the end of each session when accessing the Service. Fold will not be liable for any loss or damage arising from your failure to comply with this paragraph.
Device-Specific Services: In order to use certain aspects of the Service, you must use the Devices that are sent to you in the EnrollmentKit or otherwise provided or recommended by your healthcare provider. You understand and agree that it is your responsibility to maintain the functionality of the Devices and that your use of the Devices must be in accordance with the Device manufacturer’s documentation and the recommendations of the healthcare providers you are working with. The Devices do not contain any Software (as defined below) of Fold or its affiliates. Further, you understand and agree that in order for the data and information collected by the Devices to be imported to your Service account and be visible to your healthcare provider team, you must first integrate the Devices with, and upload data and information tracked by the Device to, third-party health information applications (e.g., Apple Health) and permit that application to integrate with, and upload such data and information to, your Service account (collectively, the “Third-Party Device Integrations”) for such data and information collected by the Devices to be accessible and tracked through theService. Such integration does not imply an endorsement or recommendation of any Third-Party Device Integrations. The Third-Party Device Integrations will provide Fold with access to information that is collected by such Third-Party Device Integrations. You may be required to authenticate, register for, or login to your accounts with your respective Third-Party Device Integration providers in order to take advantage of these features on the Service. The manner in which the Third-Party Device Integrations collect, use, store, and disclose your information is governed solely by your agreements with such third parties, and Fold will have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be integrated with the Service, including the Third-Party Device Integrations.
Modifications to Service: Fold reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Fold will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
PHI and Disclosures to Patient Invitees: By using the Service, you acknowledge and agree that Fold will be transmitting electronically certain of your protected health information (“PHI”) as that term is defined under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). You acknowledge and agree that while Fold takes commercially reasonable steps to protect the privacy and security of your PHI, no system is completely secure.
If you provide Fold an authorization to disclose PHI to Patient Invitees as required by HIPAA, you may invite Patient Invitees to have access to the patient’s account and health information, including the patient’s PHI. When a Patient Invitee accepts the invitation, the Patient Invitee and the patient will each receive an email notifying them that the Patient Invitee has accepted the invitation. If you are the patient and you provide Fold an authorization to disclose PHI to Patient Invitees, you acknowledge and agree that we may send this email notice to thePatient Invitee, and that future electronic communications with the Patient Invitee may include your PHI. If you do not wish for the Patient Invitee to have access to your health information, including your PHI, do not send the invitation and do not provide Fold an authorization to disclose PHI. If you are the Patient Invitee, and you do not wish to have access to the patient’s health information, including their PHI, do not accept the invitation. You may choose not to receive emails or text messages by updating your profile within the Service or unsubscribing.
General Practices Regarding Use and Storage: You acknowledge that Fold may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service, subject to the Additional End-User Terms and applicable laws and regulations, and the maximum storage space that will be allotted on Fold’s or its third-party service providers’ servers on your behalf. You agree that Fold has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Fold reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Fold reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Conditions of Access and Use
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“content”) that you make available to Fold, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Service (including whether uploaded via Devices, via Third-Party Services, or directly by you into the Service) or by emailing or otherwise making available to other users of the Service (collectively, “User Content”). The following are examples of the kinds of content and/or uses that are illegal or prohibited by Fold. Fold reserves the right to investigate and take appropriate legal action against anyone who, in Fold’s sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Service to:
(a) email or otherwise upload any content that: (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,”or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable; or (vii) in the sole judgment of Fold, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Fold or its users to any harm or liability of any type;
(b) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
(c) violate any applicable local, state, national, or international law, or any regulations having the force of law;
(d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(e) solicit personal information from anyone under the age of 18;
(f) harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
(g) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
(h) further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
(i) obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service;
(j) circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content (as defined below)) available on or through the Service, including through the use of virtual private networks; or
(k) engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by Fold from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).
Competitors: No employee, independent contractor, agent, or affiliate of any competing healthcare technology or digital health or wellness company is permitted to view, access, or use any portion of the Service without express written permission from Fold. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of Fold or any of its affiliates, or acting on behalf of a competitor of Fold in using or accessing the Service.
Fees: To the extent the Service or any portion thereof, or any goods or services made available by your healthcare provider through the Service, are made available for any fee, you may be required to select a payment plan and provide information regarding your credit card, or other payment instrument. You represent and warrant to Fold that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with Fold or Stripe (as defined below), as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Fold the amount that is specified in the payment plan in accordance with the terms of such plan and theseTerms of Service. If you dispute any charges you must let Fold know within sixty(60) days after the date that Fold charges you. We (and your healthcare providers) reserve the right to change the prices charged for goods and services available for purchase through the Service. If such prices do change, Fold will provide notice of the change through the Service user interface, a pop-up notice, email, or through other reasonable means, at Fold’s option, at least thirty(30) days before the change is to take effect. Your continued subscription after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service, other than taxes based on Fold’s net income.
Orders With Healthcare Providers: The Service may permit you to order goods and services made available by your healthcare provider. Whether any such goods and services are offered by your healthcare provider through the Service, and the types of goods and services so offered, is solely within the discretion of your healthcare provider. All transactions with respect to such goods and services are solely between you and your healthcare provider, and the transfer of title and risk of loss to any such goods or services will occur solely between you and your healthcare provider. Your healthcare provider will be the supplier of record for all such orders, and may impose other terms and conditions regarding such orders made through the Service, which will be communicated to you through theService or by other reasonable means. Please contact your healthcare provider with any questions regarding such goods and services.
Automatic Renewal of Payment Plans: If your payment plan includes an ongoing subscription to any products or services made available by your healthcare provider through the Service that is automatically renewed periodically, you authorize Fold (through Stripe) to bill your payment instrument in advance on such periodic basis in accordance with the terms of the applicable payment plan until you terminate your account or such subscription, and you further agree to pay any charges so incurred. As stated above, we and your healthcare providers reserve the right to change the prices for such goods and services. If such prices are changed, Fold will provide notice of the change through the Service user interface, a pop-up notice, email, or through other reasonable means, at Fold’s option, at least thirty (30) days before the change is to take effect. Your continued subscription after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service, other than taxes based on Fold’s net income.
Refunds and Cancellations: Payments made by you hereunder are final and non-refundable, unless otherwise determined by Fold or your healthcare provider. You may cancel your subscription online by emailing us at email@example.com using the form cancellation available in your Mobile App or Site.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.
Mobile Services and Software
Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device, and (iii) the ability to access certain features and content through Mobile Apps (collectively, the “MobileServices”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services maybe prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that certain information about your usage of the Mobile Services may be communicated to us. By providing us with your mobile number, you consent to receive marketing and other calls, text messages (including SMS and MMS messages), and other electronic messages (including those made using an automatic telephone dialing system or an artificial or prerecorded voice) from Fold, your healthcare provider, or any of our or their agents or representatives at the phone number you have provided, even if that number is registered on a corporate, state, or national do-not-call registry. You may contact Fold at firstname.lastname@example.org with any questions or to revoke your consent to receive such calls and messages at any time. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Fold account information to ensure that your messages are not sent to the person that acquires your old number.
Mobile App License: Subject to the terms and conditions of these Terms of Service, Fold hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install the Mobile App on one mobile device and (b) use the Mobile App for your own personal use solely to access and use the Service. For clarity, the foregoing is not intended to prohibit you from installing the Mobile App on another device on which you also agreed to these Terms of Service. Each instance of these Terms of Service that you agree to in connection with downloading a Mobile App grants you the aforementioned rights in connection with the installation and use of the MobileApp on one device.
Ownership; Restrictions: The technology and software underlying the Service or distributed in connection therewith are the property of Fold, its affiliates, and its licensors (including the Mobile Apps, the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Fold.
Special Notice for International Use; ExportControls: Fold is headquartered in the United States. If you access or use the Service from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S.export laws. Downloading or using the Software is at your sole risk.
Third-Party Distribution Channels: Fold offers Software that may be made available through the Apple App Store, theGoogle Play Store, or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of the Service, you agree to comply with all applicable terms of any agreement for such third-party products and services.
Apple-Enabled Software: With respect to Mobile Apps that are made available for your use in connection with an Apple-branded product (the, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
Google-Sourced Software: The following applies to any Mobile App you download from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms of Service are between you and Fold only, and not with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) Fold, and not Google, is solely responsible for Fold’s Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms of Service; and (f)you acknowledge and agree that Google is a third-party beneficiary to theseTerms of Service as it relates to Fold’s Google-Sourced Software.
Open SourceSoftware: The Software may contain or be provided together with open source software. Each item of open source software is subject to its own license terms, which can be found in the Software documentation or the applicable settings, help, legal, notice or about menu. If required by any license for particular open source software, Fold makes such open source software, and Fold’s modifications to that open source software (if any), available by written request to email@example.com. Copyrights to the open source software are held by the respective copyright holders indicated therein.
Intellectual Property Rights
Service Content: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Fold, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you upload to or make available through the Service in accordance with theseTerms of Service. Any use of the Service or the ServiceContent other than as specifically authorized herein is strictly prohibited.
Trademarks: The Fold name and logos are trademarks and service marks of Fold (collectively the “Fold Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Fold. Nothing in these Terms ofService or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Fold Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of the Fold Trademarks will inure to our exclusive benefit.
Third-Party Material: Under no circumstances will Fold be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Fold does not pre-screen content, but that Fold and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via theService. Without limiting the foregoing, Fold and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Fold, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content: You represent and warrant that you own all right, title and interest in and to suchUser Content, including all copyrights and rights of publicity contained therein. You hereby grant Fold and its affiliated companies, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sub-licensable(directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content (a) in connection with the operation of theService and the promotion, advertising or marketing of the foregoing in any form, medium or technology now known or later developed and (b) otherwise in accordance with the Additional End-User Terms as may be limited by applicable law. You assume all risk associated with your User Content and the transmission of your User Content and you have sole responsibility for the accuracy, quality, legality and appropriateness of the User Content you provide.
You hereby authorize Fold and its third-party service providers to derive statistical and usage data relating to your use of the Service (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and the Additional End-User Terms.
Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (“Submissions”), provided by you to Fold are non-confidential and Fold will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.
You acknowledge and agree that Fold may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws, or government requests; (ii) enforce these Terms of Service; (iii)respond to claims that any content violates the rights of third parties; or (iv)protect the rights, property, or personal safety of Fold, its users, or the public. You understand that the technical processing and transmission of theService, including your User Content, may involve (A) transmissions over various networks; and (B) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: Fold respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Fold of your infringement claim in accordance with the procedure set forth below.
Fold will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Fold’s Copyright Agent at firstname.lastname@example.org (Subject line: “DMCA Takedown Request”).
To be effective, the notification must be in writing and contain the following information:
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Fold has adopted a policy of terminating, in appropriate circumstances and at Fold’s sole discretion, the accounts of users who are deemed to be repeat infringers. Fold may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third-Party Services and Websites
Google Maps: One of the Third-Party Services that may be made available via the Service is Google Maps. The Service includes Google Maps features and content and use of Google Maps features and content is subject to the then-current versions of the (a) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html and (b) Google PrivacyPolicy at https://www.google.com/policies.privacy, each as amended, superseded or supplemented by Google from time to time. Failure to comply with the foregoing may result in suspension or termination of the Service.
Access to Location: In connection with your use of the Service and/or Third-Party Services, you may receive a request to enable location services. You can withdraw your consent to share such data and manage your preferences through your device settings. Fold will use any data collected through such location services in accordance with these Terms ofService and Additional End-User Terms.
To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Fold, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Fold Parties”)from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any Device, any User Content, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another. Fold will provide notice to you of any such claim, suit, or proceeding. Fold reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Fold’s defense of such matter. You may not settle or compromise any claim against the Fold Parties without Fold’s written consent.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”BASIS. THE FOLD PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE FOLD PARTIES MAKENO WARRANTY (A) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THAT THE INFORMATION,ADVICE, AND RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE (INCLUDING THROUGH CONSULTATION WITH ANY HEALTHCARE PROVIDER) WILL BE ACCURATE OR RELIABLE;(D) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS;OR (E) REGARDING THE DEVICES, THIRD-PARTY SERVICES, OR ANY GOODS OR SERVICES MADE AVAILABLE THROUGH THE SERVICE BY YOUR HEALTHCARE PROVIDER. No advice or information, whether oral or written, obtained from Fold OR ANY HEALTHCARE PROVIDER or through the Services, will create any warranty or representation not expressly made herein.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE FOLD PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE FOLD PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TOUSE THE SERVICE OR ANY DEVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, ADVICE, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS, CONDUCT, OR OMISSIONS OF ANY THIRD PARTY ON THE SERVICE; (E) any products or services made available through the Service (INCLUDING DEVICES AND THIRD-PARTY SERVICES); OR (F) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE FOLD PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID FOLD IN THE LAST SIX (6)MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DONOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE ORWITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “INDEMNIFICATION,” “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWSOF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Dispute Resolution ByBinding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
a. Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “ArbitrationAgreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Fold, whether arising out of or relating to theseTerms of Service (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify.Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms ofService, you and Fold are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Prohibition of Class and Representative Actions andNon-Individualized Relief
YOU AND FOLD AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS ANDNOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND FOLD AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAYNOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY,INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR ANDTHE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
c. Pre-Arbitration Dispute Resolution
Fold is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at email@example.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Fold should be sent to firstname.lastname@example.org (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Fold and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Fold may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Fold or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Fold is entitled.
d. Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American ArbitrationAssociation’s (“AAA”) rules and procedures, including the AAA’s ConsumerArbitration Rules (collectively, the “AAA Rules”), as modified by thisArbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org.Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of thisArbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under theseTerms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Fold and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Fold agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
e. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this ArbitrationAgreement. To the extent any Arbitration Fees are not specifically allocated to either Fold or you under the AAA Rules, Fold and you will split them equally; provided that if you are economically unable to pay your portion of suchArbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, Fold will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Fold will pay as much of theArbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and RepresentativeActions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class andRepresentative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of theseTerms of Service will continue to apply.
h. Future Changes toArbitration Agreement
Notwithstanding any provision in these Terms of Service to the contrary, Fold agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending Fold written notice within thirty (30)calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
You agree that Fold, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if Fold believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. Fold may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of theseTerms of Service may be effected without prior notice, and acknowledge and agree that Fold may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Fold will not be liable to you or any third party for any termination of your access to theService.
You agree that you are solely responsible for your interactions with any other user in connection with the Service, and Fold will have no liability or responsibility with respect thereto. Fold reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service (together with the Additional End-User Terms) constitute the entire agreement between you and Fold governing your access and use of the Service, and supersede any prior agreements between you and Fold with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content or third-party software. TheseTerms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Fold submit to the personal and exclusive jurisdiction of the state and federal courts located within SanFrancisco, California. The failure of Fold to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of theseTerms of Service are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Fold, but Fold may assign or transfer these Terms ofService, in whole or in part, without restriction. The section titles in theseTerms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words “include” and “including,”and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. Fold will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyondFold’s reasonable control.
Notice for California Users
Under California CivilCode Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at email@example.com; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd.,Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or(800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or(916) 928-1227 (TDD). You may contact us at firstname.lastname@example.org.
U.S. Government Restricted Rights
The Service is made available to the U.S. government with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Service (including the Software) by the U.S.government constitutes acknowledgement of our proprietary rights in the Service(including the Software).
Questions? Concerns? Suggestions?
Please contact us at email@example.com to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.
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