Terms and Conditions
Welcome to Sofia Health! We are excited to provide you ("User") with a platform to help you find a Provider (defined below) to fit your needs. Please read the User Terms and Conditions of Use (the "Agreement" and "Conditions of Use") carefully, as it sets forth some of the terms and conditions of your contract with Sofia Health, LLC, a Delaware company ("Sofia Health"). This Agreement is a legal document. The terms and conditions discussed here apply to the Sofia Health website ("Sofiahealth.com" or "Site") and to creating a User account with the Site. Sofia Health, LLC ("Sofia Health," "SofiaHealth.com," "us," "our," or "we") owns and manages this Site. You may only use the Site if you can form a binding contract with us, and only if you comply with these Client Terms and Conditions of Use and all applicable local, state, national, and international laws, rules, and regulations.
We may alter these User Terms and Conditions of Use without notice, and your continued use of the Site signifies that you agree to be bound by any future changes. You are encouraged to review these Conditions of Use at regular intervals to monitor for updates. If you do not agree, you should not create an account on or use our Site. Please read these User Terms and Conditions of Use carefully.
THIS IS A LEGAL DOCUMENT. YOU MUST AGREE TO BE BOUND TO THESE USER TERMS AND CONDITIONS OF USE TO USE THE SITE. IF YOU DO NOT AGREE TO THESE USER TERMS AND CONDITIONS OF USE, DO NOT USE THE SITE.
Acceptance and Agreement to Be Bound
- This Agreement forms a legally binding contract between you and Sofia Health for your access to and use of the Registration and the Service (defined below). You represent and warrant that you have the right and authority to bind yourself to this Agreement. You also represent and warrant that you are either: (i) at least 18 years of age or (ii) are the legal guardian of a child between the ages of 13 and 17 whom you are authorizing to use our Site. You further represent and warrant that you agree that all information you submit to Sofia Health is true and accurate.
The Sofia Health Site is Not Intended for Children
- The Sofia Health Site and Registration are not intended or designed to attract children under the age of 13. Sofia Health does not collect personally identifiable information from any person known by Sofia Health to be a child under the age of 13. Should we inadvertently come to possess personally identifiable information about a child under the age of 13, Sofia Health will not knowingly disclose contact information relating to a child under the age of 13 to any third-party.
Creating an Account
- Creating an account will allow you access to the Service. Creating an account on the Site ("Registration") does not require insurance information or any Personal Health Information ("PHI") from you.
- Account Registration for Users is free of charge.
- Sofia Health respects the privacy of your personal information and makes every effort to keep User information secure. However, Sofia Health has concluded that it is not a covered entity under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 ("HIPAA") and that it is thus not subject to all HIPAA requirements. As such, Sofia Health has no legal obligation to maintain HIPAA compliance for any User PHI.
- Users shall not send, submit, email, or otherwise disclose your PHI to Sofia Health through the Site or any other means. Users should always exercise caution when disclosing their PHI with Providers (as that term is defined below).
- The Service that Sofia Health provides is not open to Users who live in countries that are prohibited by law, regulation, treaty, or administrative act from entering into trade relations with the United States.
Account Registration and Security
- To access some of the Content and the Service, you have to create an account. In doing so, you agree to supply truthful and complete information and update it if it changes. The Sofia Health Site is not for or directed to anyone under 13 years of age. By providing information about yourself, you warrant that you are either: (i) at least 18 years of age and can form a binding contract or (ii) are the legal guardian of a child between the ages of 13 and 17 whom you are authorizing to use our Site. If you are the legal guardian for a minor whom you are authorizing to use the Site, you must agree to these terms to form a binding contract. If you provide any untruthful or incomplete information, or if Sofia Health reasonably suspects such, Sofia Health may suspend or terminate your account and Registration and refuse your future use of the Content or the Service.
- You are solely responsible for your own account activity and agree to maintain your own secure password and not use anyone other person’s password or login credentials. You further agree not to share or sell your password or login, and to notify us if you suspect unauthorized use of your account.
- Please immediately alert Sofia Health to any unauthorized use of your account, password, username, email, or other breaches of security at email@example.com.
Sofia Health Service and Professional and Wellness Services
- The Sofia Health Site offers a digital platform that aims to connect Users to Providers offering various health and wellness services (the "Service").
- After you are connected to these Providers, you will receive health and wellness services ("Professional and Wellness Services," "Wellness Services," and "Professional Services") from appropriately trained and, when required, licensed Providers (the "Provider(s)").
- The Sofia Health Site does not provide or render Professional Services or Wellness Services. Instead, Sofia Health offers a digital platform to connect users seeking health and wellness services with such Providers. Sofia Health is a conduit between Users and Professional and Wellness Services but does not itself engage in Professional and Wellness Services.
- All Providers featured on the Sofia Health Site subscribe to Sofia Health in order to be listed on the Site. These Providers have independently chosen to be listed on the Site and are licensees to Sofia Health. When appropriate, the Providers are independently licensed and insured, and any issue, warranty, or claim by a User must be directly addressed to the respective Provider.
Independence of Providers
- The advice of any Provider listed on the Sofia Health Site is independently and exclusively the advice of the Provider. Any information or opinion expressed by any Provider listed on the Sofia Health site is independently and exclusively the information or opinion of the Provider. Sofia Health does not endorse any advice, opinion, course of treatment, products, medications, devices, or additional medical or wellness information that a Provider on the Sofia Health Site may give or recommend. Sofia Health is not providing any kind of medical or wellness advice or information.
- A Provider’s scope of practice indicates the specific area of professional healthcare services that the Provider can legally provide based on their state licensure. Wellness Services are generally not licensed services. If a Provider is providing licensed healthcare services to Users through the Site, the Provider shall adhere to their respective scope of practice and be responsible for following all applicable state and federal laws.
The Sofia Health Site Does Not Provide Medical Advice
- If you have concerns about any medical condition, diagnosis, or treatment, you should personally consult with a licensed healthcare provider. If you experience a medical emergency (including suicidal or homicidal thoughts), you should immediately call 911 or visit your nearest emergency room.
- You expressly agree not to deceive, harass, stalk, harm, or exploit any other users; distribute spam; collect or record information about other users; or advertise or solicit others to purchase any product or service on the Site or on any other Sofia Health product. Sofia Health reserves the right but does not have an obligation to monitor all conduct on the website.
License Grant and Permitted Use
- Unless otherwise expressly stated, Sofia Health or its licensors owns all of the Sofia Health Site and Site Content. The United States, worldwide copyright laws, and treaty provisions protect the Sofia Health Site.
- You acknowledge and agree that Sofia Health (i) is the exclusive owner (or has the rights of an owner) of all worldwide right to, title to, and interest in the Sofia Health Site, regardless of the format in which it is expressed; and (ii) shall be the exclusive owner of all worldwide right to, title to, and interest in any and all modifications, customization, variations, or adaptations of the Sofia Health Site based on or substantially similar to the Sofia Health Site.
- You shall use reasonable means to ensure, through proper instructions and enforcement actions, that access to and use of the Sofia Health Site by you will be in accordance with the terms of this Agreement and will be made and used solely for proper and legal purposes, and will be conducted in a manner that does not violate any law, rule or regulation, or the rights of any third party.
- Use of the Sofia Health Site is subject to all terms and conditions of this Agreement, including Sofia Health’s acceptable use policies. You shall not (i) use, permit the use of, or permit access the Sofia Health Site except in accordance with the terms of this Agreement; (ii) modify, translate, reverse engineer, decompile, disassemble, or attempt to derive or alter any source code of the Sofia Health Site; (iii) engage in, permit or suffer to continue any unauthorized copying of the Sofia Health Site; (iv) distribute, sublicense, sell, assign, transfer, rent, lease, pledge, encumber, disclose to any unauthorized third party, or otherwise allow any unauthorized third party to view, the Sofia Health Site, or make any attempt to do so; (v) alter, remove, obscure or hinder delivery of any copyright, disclaimer, or proprietary or intellectual property rights notices appearing in the Sofia Health Site; (vi) take any action compromising, or that has the possibility of compromising, the enjoyment and use the Sofia Health Site by any other customer; or (vii) take any action compromising, or that has the potential of compromising, Sofia Health’s rights in the Sofia Health Site.
Consent to Electronic Communications
- By providing Sofia Health with your email address, you consent to receive unencrypted an unsecured email communication from us. You agree that any notices, agreements, disclosures, or other communications that Sofia Health provides to you by email satisfy any legal communication requirements.
Security and Privacy
- Sofia Health utilizes encryption for therapeutic exchanges and Secure Sockets Layer (SSL) protocol for financial transactions.
- The Sofia Health Site incorporates a mechanism for verifying the identity of Users by asking for a formal identification number such as date of birth, driver’s license, or other satisfactory evidence. Though Users may choose to utilize a username for participation on the Site, they must offer, at minimum, their full first and last name, home address, and a phone number to confirm identity. Any and all sensitive information stored in Sofia Health database will be safe and protected by our platform. However, our Service is based on several factors that exist outside of the Sofia Health Site, and as such, Sofia Health cannot guarantee service will be uninterrupted, timely, or secure.
- Sofia Health makes every effort to comply with all applicable laws that concern the privacy of online communications. By using the Sofia Health Site, however, you acknowledge that the Internet is neither more nor less secure than other communications media, including mail, facsimile, and telephone services, all of which can be intercepted and otherwise compromised.
- As a User, you must exercise good judgment and caution in your use of the Service. You are strictly prohibited from violating or attempting to violate the security of the Service. Any violations may result in criminal, civil or other penalties against you. We may investigate any suspected violations and cooperate with law enforcement agencies in their investigations of such violations. You represent and warrant that you shall not engage in activities that may infringe on the security of the Service.
Information You Provide
- Sofia Health has the right, but not the duty, to monitor your use of the Sofia Health Site, including any information you provide. Any information you send to Sofia Health by email may be misdirected or intercepted by unintended recipients, and thus it may not constitute a confidential medium of communication. If you have confidentiality concerns, please consider using an alternative mode of communication and do not transmit any sensitive or confidential information to us via email.
- The Sofia Health Site provides you the option to communicate with Sofia Health through email. This option is provided solely for your convenience, and it may not be secure. By using it, you agree that Sofia Health is not responsible for the privacy of any email messages. Sofia Health does not warrant the confidentiality or security of any email transmission.
- You are responsible for all information you send through the Sofia Health Site. This means that you agree not to transmit information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, invades the privacy of another person, or any other information that violates any law or confidentiality agreement. Sofia Health may edit, delete, modify, or ban such information, and take necessary legal action.
Submissions of Information
- Do not send Sofia Health any ideas, suggestions, materials, concepts, or other information (collectively "Information") relating to the website. If you violate this policy and do send Information to Sofia Health, that Information will become the property of Sofia Health. This means that Sofia Health will have unrestricted use of it for its personal and commercial purposes. Sofia Health will not compensate you and will not be liable to you or any other provider of the Information.
- If you send Information to Sofia Health, you agree: (i) to waive your rights in any Information; (ii) to warrant that it is original to you; (iii) that you have the right to submit it to Sofia Health; and (iv) that you have no recourse against Sofia Health for any alleged or actual infringement or misappropriation of any proprietary right in any Information.
- Sofia Health is not obligated to maintain the confidentiality of any Information submitted, and Sofia Health disclaims any liability that may result from its disclosure of any Information submitted in violation of its policy.
You further agree not to:
- Transmit any Information that contains any viruses or other computer programming routines that may damage, interfere with, intercept, or take any system, data, or personal information;
- Impose an unreasonably large amount of Information on the Site or otherwise interfere with or inhibit any other user from using or enjoying the Site;
- Transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communications;
- Access, use, or copy any portion of the Sofia Health Site using automated mechanisms, such as bots, spiders, scrapers, web crawlers, or indexing agents; and/or
- Except as provided in the License Grant, you may not copy, reproduce, modify, use, republish, upload, post, transmit, or distribute any of the Sofia Health Site, including any trademarks, names, or logo, and you may not redeliver or present any of the pages, text, images, or the Content using "framing" technology, nor systematically retrieve data, information, or the Content to create a collection, compilation, database, or directory. Sofia Health reserves all rights not expressly granted.
- Except as expressly set forth in this Agreement, you shall not do any of the following: (i) modify, reformat, or translate the Content, (ii) license, sell, rent, lease, transfer, assign, distribute, offer, or otherwise commercially exploit the Content, or any portion thereof; (iii) use the Content in any manner that allows any person to access the Content other than as expressly provided for in this Agreement; or (iv) continue to use any Content after termination of this Agreement.
Operation of the Sofia Health Site
- Sofia Health makes all reasonable efforts to keep the Site operational and available for access on a 24-hour-a-day, seven-day-a-week basis. This is occasionally subject to scheduled downtime for maintenance purposes, unscheduled maintenance, and systems outages.
- Sofia Health, however, does not provide any assurance or warranty that: (i) access will always be available; (ii) service will be uninterrupted; (iii) its operation will be error-free; (iv) defects will be corrected; or (v) the servers that operate the website are free from viruses or other harmful components.
- You agree to assume the entire cost of all servicing, repair, or correction to your property arising from your use.
Limitation of Liability
- You acknowledge that no Provider is an employee of Sofia Health and that Sofia Health assumes no responsibility for any act or omission of any Provider. We encourage you to do your own research. You acknowledge that, though a Provider may be featured on the Sofia Health Site, Sofia Health cannot predict or asses the utility or effectiveness of services rendered by a Provider.
- Under no circumstances will Sofia Health, its employees, officers, directors, shareholders, or agents be held liable for any indirect, consequential, or punitive damages relative to the services provided by any of the Providers accessed through the Sofia Health Site. All Providers featured on the Sofia Health Site are independently licensed and insured, and any issue, warranty, or claim by a User must directly address the respective Provider.
- ALL INFORMATION IN THIS SITE IS PROVIDED ON A REGISTRATION BASIS AND "AS IS." ACCORDINGLY, SOFIA HEALTH MAKES NO REPRESENTATIONS, AND NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, WITH RESPECT TO THE CONTENT OR OTHERWISE REGARDING THE SITE OR ANY LINKED WEBSITE. TO THE FULL EXTENT PERMITTED BY LAW, SOFIA HEALTH DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED), INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOFIA HEALTH GIVES NO WARRANTY AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, TIMELINESS, OR AVAILABILITY OF THE SOFIA HEALTH SITE OR THE CONTENT OR OF ANY LINKED WEBSITE.
- By using the Sofia Health Site, you signify that you assume the risk of accessing and using the information it provides. We do not guarantee the accuracy of information provided on the Sofia Health Site and are not responsible for any errors or omissions in the information provided.
- Sofia Health is not responsible for visitors’ damage or loss. You agree that Sofia Health is not responsible to you or others for any loss or damages that result from your use (or non-use) of the Sofia Health Site or any linked third-party website. This loss or damage includes, but is not limited to, direct, indirect, special, consequential, compensatory damage, incidental damage, lost profits or data, damages to your computer resulting from viruses, loss of or damage to other property, claims of third parties, or copying or display of the Sofia Health Site or its contents. Sofia Health is not responsible, regardless of whether Sofia Health has been advised or knew or should have known of the possibility of such damages or claims. Your sole and exclusive remedy against Sofia Health is to stop using the Sofia Health Site.
No Warranty or Guarantee of Outcome
- Sofia Health has made efforts to provide accurate information on the Site, the Content, about the Service, and about Professional and Wellness Services. But any testimonial or example on the Site or in the Content does not guarantee that you will receive similar results. Your results will depend on your background, effort, personal circumstances, and many other factors that are beyond the scope of the Site, the Content, or the Service.
- SOFIA HEALTH MAKES NO GUARANTEE AND NO WARRANTY THAT YOU WILL HAVE ANY SPECIFIC RESULT. FURTHER, SOFIA HEALTH MAKES NO GUARANTEE, AND NO WARRANTY THAT THE SOFIA HEALTH SITE WILL OPERATE UNINTERRUPTED AND ERROR-FREE.
Indemnification for Your Use of the Sofia Health Site
- Neither Sofia Health, nor any licensors, affiliates, subsidiaries or parent companies, nor any respective officers, directors, employees, or agents will be liable for any damages including, but not limited to, indirect; incidental; consequential; special; exemplary; or punitive damages. In no event shall Sofia Health nor any licensors, affiliates, subsidiaries or parent companies, nor any respective officers, directors, employees or agents will be liable for any special, indirect, or consequential damages, or damages whatsoever resulting from loss of use or data, whether in an action of contract, negligence, or other tortious action, arising out of or in connection with the use of The Sofia Health Site. Your sole and exclusive remedy for dissatisfaction with the Service is to stop using the Sofia Health Site and Service. Sofia Health provides no indemnification of any kind.
- By using this Website, you agree to indemnify Sofia Health from any suit or proceeding made or brought against Sofia Health by a third-party for claims that relate to your use of any portion of the Sofia Health Site or Service.
Links to Third-Party Websites
- Sofia Health may provide links to third-party websites. The Site occasionally provides links to third-party websites. By clicking on these links, you agree that Sofia Health is not responsible and does not control any information on these websites. Third-party websites are unrelated to, and not maintained by, Sofia Health.
- By clicking on such links, you agree that Sofia Health is not responsible for their content, regardless of whether your access is provided by Sofia Health or by another third-party. Sofia Health does not warrant the accuracy, timeliness, or suitability of the content of any third-party website.
- By providing a link to a third-party website, Sofia Health does not endorse the products or services of that linked website, nor does it endorse the third-party website’s sponsoring organization. Your sole and exclusive remedy for claims arising from any such third-party products or services is against the third-party provider and not Sofia Health.
- Third-party websites may provide links to Sofia Health. Sofia Health hereby grants third-party websites the limited right to link to its website. This limited license does not grant the right to "framing" of the Content or grant any other activity that could create a misimpression or confusion among users with respect to sponsorship or affiliation.
- Pursuant to the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 C.F.R. Part 255 Sections 255.0 through 255.5, some of the links are affiliated links. This means that Sofia Health may receive payment if you purchase products or services through such links. Sofia Health only utilizes affiliate links for products or services that its principals have personally used and believe will add value to its visitors and Users.
- The User Terms and Conditions of Use, licenses, and Registrations may not be transferred or assigned by you but may be assigned by us without restriction.
Applicable Law and Enforcement of User Terms and Conditions of Use
- By using the Sofia Health Site, you agree that: (i) if any provision of this agreement is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded; (ii) that if an unenforceable provision is modified or disregarded in accordance with this paragraph, then the rest of these User Terms and Conditions of Use will remain in effect as written; and (iii) that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.
Amendments and Modifications
- Sofia Health may amend or update the privacy policies, these User Terms, and Conditions of Use, the Content, or the Service at any time without prior notice. If you use the Sofia Health Site after any changes, you agree to be bound by the changes.