Terms of Use

Last Updated March 2023

  These Terms and Conditions and the Business Associate Agreement (the “BAA”), PRIVACY POLICY, AND HIPAA POLICY that follow are the entire agreement of YouNaverse, Inc, 22481 El Toro Rd, Suite D, Lake Forest, CA 92630 and www.affinityehr.com and the software for Apple iOS and macOS named Affinity EHR (collectively, the “App”) and you, are subject to amendment from time to time, and represent the entire understanding between you and us with respect to the subject matter of the same, and supersede all other negotiations, understandings and representations (if any) made by and between you and the App. These Terms and Conditions shall not be construed more strongly against the App despite its responsibility for its preparation. Any updates to these Terms and Conditions will be posted on the App. BY ENROLLING IN OUR APP’S SERVICES (AS DEFINE MORE FULLY BELOW). YOU AGREE /ACCEPT AND UNDERSTAND THE TERMS BELOW. WE HAVE THE RIGHT TO REFUSE SERVICE BASED ON LOCAL, STATE OR FEDERAL LAWS RELATING TO ANY JURISDICTION.  YOU HAVE ANY QUESTIONS, CONTACT OUR CUSTOMER SERVICE TEAM AT admin@affinityehr.com. The Terms and Conditions describe when and the conditions under which you are allowed to access or use the App. Please read these carefully before visiting our App. If you do not agree to these Terms and Conditions, you may not visit, use, or access the App and you may not click to accept the Terms and Conditions and BAA when prompted on the App.

ABOUT AFFINITY EHR, THE APP.

     The App is an acupuncture provider therapy platform that provides certain services such as electronic health records, appointment scheduling, electronic bill submission and reports, in-app messaging and automated reminder texts (the Services”). The App is Not in any way a healthcare provider (a “Provider”) and does NOT offer medical advice, recommendations, diagnosis, or opinions of any fashion. The App is also not an employer of any Providers nor are any Providers agents of the App. There is no joint venture, partnership or any kind of shared ownership between the App and the Providers on the App. The App is not in any way involved in the representation of the Providers featured on this platform. At no point can the App be held liable for any conduct, action or omission of any Provider. The App is Not a medical referral service or employment agency. The App does not select or endorse any individual Provider to provide advice to a user. We do not make any warranty, guarantee, or representation as to the medical ability, competence, or quality or of any work performed or advice given, by any Provider. The App does not warrant or guarantee that Providers are covered by professional liability insurance. Providers are responsible for obtaining and maintaining professional liability insurance independent of the App. The App does not recommend one Provider over another, nor does it vouch for any of its Providers or their performances in the work that they do. The App does not endorse any registered Provider and does not sanction statements that Providers make on the platform. The App makes no representation concerning the competency of the Provider’s service, nor does it guarantee results. Use of the App does not create a Provider-patient relationship with the App. The App does not offer medical advice of any fashion or services. None of the Content (be it educational, graphics, research sources or incidental information) represents or warrants that any therapeutic option is safe, appropriate, or effective. The App does not endorse any specific tests, medications, products or procedures. Communications made via the App may NOT be held as confidential.

 USER RESPONSIBILITIES

    You, and you alone, are responsible for your account and anything that happens while you are signed in to or using your account. Your security is your responsibility. If you sign up for the App, you will create a personalized account which includes a unique username and a password to access the App and to receive messages from the App. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to notify the App immediately of any unauthorized use of your account, or any other breaches of security regarding your account. The App will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your computer, mobile device, or other computing device and/or account. You represent and warrant that: (i) you have the authority to, and are of legal age in your jurisdiction, to bind yourself to this Agreement; (ii) your use of the App will be solely for purposes that are permitted by this Agreement; (iii) your use of the App will not infringe or misappropriate the intellectual property rights of any third party; and (iv) your use of the App will comply with all local, state and federal laws, rules, and regulations, and with all other App policies and procedures. You are allowed to use the App as long as you follow the rules and restrictions as set forth in this agreement and as per the applicable law in the state in which you reside.

PROHIBITED SITE USES

     You may not use, or encourage, promote, facilitate, instruct, or induce others to use, the App or App services for any activities that violate any law, statute, ordinance or regulation; or for any other illegal or fraudulent purpose or any purpose that is harmful to others; or to transmit, store, display, distribute or otherwise make available content that is illegal, fraudulent or harmful to others. The following are some examples of uses that are prohibited on the App by users, Providers or anyone who accesses or uses the App, or when using the App services: a. Seeking, offering, promoting, or endorsing services, content, or activities that: (i) are defamatory, illegal, profane, vulgar, threatening, unlawfully discriminatory, illegal, pornographic, obscene, or sexually explicit in nature; (ii) would violate the intellectual property rights, such as and including copyrights, of another person, entity, service, product, or website; (iii) would violate (a) App Terms and Conditions, (b) Site other policies and procedures, or (c) the terms of service of another website or any similar contractual obligations; (iv) regard the creation, publication, or distribution of “fake news”, content or similar content, which is, in the App’s sole discretion, determined to be intended to mislead recipients for personal, financial, political or other gain or advantage; (v) regard or promote in any way any escort services, prostitution, or sexual acts; or (vi) are harassing toward another person based on the person’s inclusion in a protected class as defined by applicable law; (vii) is pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (viii) defames, harasses, abuses, threatens, or incites violence towards any individual or group; b. fraudulent or misleading uses or content, including: (i) fraudulently billing or attempting to fraudulently bill any user, (ii) misrepresenting experience, skills, or information, including by representing another person’s profile, or parts of another person’s profile, as your own; (iii) using a profile photo that misrepresents your identity or represents you as someone else; (iv) impersonating any person or entity; (v) falsely attributing statements to any App representative; (vi) falsely stating or implying a relationship with the App or with another company with whom you do not have a relationship; (vii) allowing another person to use your account, which is misleading to other users; or (viii) expressing an unlawful preference in a post or otherwise unlawfully discriminating on a protected basis; (ix) Posting identifying information concerning another person; (x) spamming other users/Providers; (xi) Making or demanding bribes or other forms of payments without the intention of providing services in exchange for the payment; (xii) duplicating or sharing accounts; (xiii) selling, trading, or giving an account to another person without Site consent; (xiv) directly or indirectly, advertising or promoting another website, product, or service or soliciting other Providers for other websites, products, or services, including advertising on the App to recruit Providers and/or users to another website or company; c. Interfering or attempting to interfere with the proper operation of the App or App Services or any activities conducted on the App, including by: (i) bypassing any measures that the App may use to prevent or restrict access to the App or any subparts of the App, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the App or the content therein; (ii) attempting to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the App; (iii) using any robot, spider, scraper, or other automated means to access the App for any purpose without our express written permission; (iv) attempting to or interfering with or compromising the system integrity or security or deciphering any transmissions to or from the servers running the App;(v) collecting or harvesting any personally identifiable information, including account names, from the App; (vi) attempting to or imposing an unreasonable or disproportionately large load (as determined in the App’s sole discretion) on the App’s infrastructure; Introducing any invalid data, virus, worm, or other harmful or malicious software code, agent, hidden procedure, routine, or mechanism through or to the App that is designed to or known to cause to cease functioning, disrupt, disable, harm, or otherwise impair in any manner, including aesthetic disruptions or distortions, the operation of (or to allow you or any other person to access or damage or corrupt data, storage media, programs, equipment, or communications or otherwise interfere with operations of or on) the App or any software, firmware, hardware, computer system, or network of the App or any third party; (vii) accessing or attempting to access the App or App Services by any means or technology other than the interface provided; or (viii) framing or linking to the App or App Services except as permitted in writing; d. Conduct or actions that could jeopardize the integrity of or circumvent the App, App services or App proprietary information, including: (i) attempting to, or actually reverse engineering, modifying, adapting, translating, preparing derivative works from, decompiling, interfering with the operation of, or otherwise attempting to derive source code from any part of the App or App services unless expressly permitted by applicable law or the App; or (ii) accessing or using the App or App services to build a similar service or application, identify or solicit App users; (ii) contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.

SUBSCRIPTION

AUTOMATIC BILLINGS.  You will be charged membership on a monthly cycle at the price set forth in the App store (and which is subject to change from time to time), which will auto renew on a weekly basis until you contact customer service to discontinue your service. Any discontinuation or suspension of the membership service will discontinue future billings. We are unable to provide refunds or credits for any current membership term. Refunds shall only be granted per Apple’s refund policy which may vary by country or region. For additional information on refund policy for in-app purchases please see

https://www.apple.com/legal/internet-services/itunes/us/terms.html. How to apply for refund is here: https://support.apple.com/en-gb/HT204084

Additional Terms:

RECURRING PAYMENTS. All recurring charges will be automatically charged to the credit or debit card you provided upon enrollment. The App is not responsible for any fees or other charges (including, without limitation, overdraft fees charged by your bank) resulting from the charges you have authorized in this Agreement.

USE OF SERVICE. Your subscription is non-transferable. You agree that only you may use the Services. Participation in the Services is subject to this Agreement, as well as policies and procedures that the App may adopt or modify from time to time. Any failure to abide by this Agreement or any policies or procedures implemented by the App, any conduct detrimental to the App, or any misrepresentation or fraudulent activities in connection with the Services, may result in termination of a subscription, as well as any other rights or remedies available to the App. If we suspend or terminate membership for any reason specified herein, we reserve the right to not refund any fees paid by you. The App is meant only for use by Providers. The App shall have no responsibility or liability for the failure to follow this requirement.

MODIFICATION OR TERMINATION SERVICES. Your subscription is offered at the discretion of the App, and it reserves the right to modify these terms and conditions, condition of participation, or any other aspect of the Services, in whole or in part, at any time, with or without notice to you (except as otherwise specified herein).

THIRD PARTY PROCESSOR.  The App will use Apple as a third-party payment processor to process any payments. When you process payments via a third-party payment processor, you shall separately read and agree to their User Agreement and comply with this Agreement and the business rules of such partner. The App shall assume no responsibility for any loss or damage.  We reserve the right to delay, cancel, reverse (to the extent possible) or refuse to process, any submitted transaction, if: (i) required by law or regulations or in response to a subpoena, court order, or other government order or to enforce transaction limits; (ii) we suspect the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime or illegal activity; (iii) we reasonably suspect that the transaction is erroneous; (iv) if we suspect the transaction relates to prohibited use as set forth in this agreement; or (v) we suspect that you have breached any terms of this agreement. In such instances, we are under no obligation to allow you to reinstate a transaction.

INTELLECTUAL PROPERTY

    If you believe that material located on or linked to by the App violates your copyright, please notify us in accordance with our Digital Millennium Copyright Act Policy. The App respects the intellectual property rights of others and requests that our users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we will terminate a user’s access to and use of the App if, under appropriate circumstances, the user is determined in the App’s sole discretion, to be a repeat infringer of the copyrights or other intellectual property rights of the App or others. We may terminate access for users who are found repeatedly to provide or post protected third-party content without necessary rights and permissions. If you are a copyright owner or an agent of a copyright owner and believe, in good faith, that any materials provided on the App infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending a properly formatted take-down notice in writing to the App designated copyright agent at admin@affinityehr.com . If the App takes action in response to an infringement notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by that party to the App. Any DMCA infringement notice may be forwarded to the party that made the content available or to third parties. The App retains all ownership of our intellectual property, including our copyrights, patents, and trademarks. This Agreement does not transfer from the App to you any App or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with the App. We reserve all rights that are not expressly granted to you under this Agreement. Specifically, the App and all other trademarks that appear, are displayed, or are used on the App or as part of the service are registered or common law trademarks or service marks of the App. These trademarks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from the App, except as an integral part of any authorized copy of the Content.

LIMITATION ON LIABILITY. By placing a subscription order for the Services, you agree that the App is solely a technology platform offering the Services, and its owner, agents, representatives, and employees will have no liability whatsoever for any injuries, losses, claims, damages or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, resulting from any use of the Services, any failure or delay by the App in connection with the Services, or the performance or non-performance of the Services by the App. The App shall have the right to choose its service partners in its sole and absolute discretion. In the event of a disruption in service from a partner, the App shall have the right in its sole and absolute discretion to substitute that partner with another partner. Notwithstanding this disclaimer, if the App is found liable for any loss or damage which arises out of, or is in any way connected with, any of the occurrences described in this paragraph, then its liability will in no event exceed, in total, the sum of $100.00. You agree to indemnify and hold harmless the App from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the App, including but not limited to your violation of this Agreement. If you have a dispute with one or more users, you release the App from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

NOTICE OF PRICE CHANGE. You have the right to receive written notice of all price increases that vary from the amount you previously authorized. If we decide to increase the price, we will notify you by posting it on the App, via email or via mail and give you an opportunity to cancel your membership before such changes take effect.

 PRIVACY. Use of the Site is subject to the terms of our Privacy Policy, HIPPA Policy and BAA, each of which is hereby incorporated into and made part of these Terms and Conditions.  Please carefully review these which explains how we collect, use, and disclose information. By using or accessing the App, you agree to be bound by the terms of these policies.

DICLAIMER OF WARRANTIES. The App makes no warranty of any kind regarding the Services which are provided on an as is and as available basis. The App expressly disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. The App is not responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Services, including without limitation, that the Services will be error-free, or as to the accuracy, completeness and timeliness of any content or information distributed with respect to the services. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY AND DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMERS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

ENTIRE AGREEMENT; SEVERABILITY. This Agreement, the BAA, the Privacy Policy and the HIPAA Policy contains all of the terms of the Services, and no representations, inducements, promises or agreements concerning the Services not included in these Agreements or policies shall be effective or enforceable. If any of the terms of an Agreement or policy shall become invalid or unenforceable, the remaining terms shall remain in full force and effect.

GOVERNING LAW. THIS AGREEMENT AND THE TERMS OF THE TELEMED SERVICE SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO THE CHOICE OF LAW PROVISIONS THEREOF.

ARBITRATION. ANY CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, YOUR MEMBERSHIP IN THE TELEMED SERVICE AND USE THEREOF, OR TO ANY ACT OR OMISSION FOR WHICH YOU MAY CONTEND. In the event of a dispute between you and THE APP, you and THE APP agree that a prompt and fair resolution, without the time and expense of formal court proceedings, would be in both parties mutual interests. All disputes shall be submitted to final and binding arbitration to be conducted in Irvine County, California, or a location closest to Orange County, California if no such location for the chosen arbitration body exists there. MANDATORY ARBITRATION REPLACES THE RIGHT OF EITHER PARTY TO GO TO COURT AND DEMAND A JURY TRIAL.

     The party filing the arbitration must choose one of the following arbitration firms and follow its rules and procedures for initiating and pursuing an arbitration: American Arbitration Association, (http://www.adr.org) or JAMS (http://www.jamsadr.com). In the event that the selected firm cannot administer the arbitration, the party filing the arbitration will select the other firm. Each party will bear its own expenses, except that the arbitrator will be entitled to award a different allocation of costs and fees where the arbitrator determines that a filed claim is frivolous. The arbitrator will not have the power to award punitive damages or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. Any award in arbitration initiated under this clause will be limited to monetary damages and will include no injunction or direction to any party other than the direction to pay a monetary amount, except as required by statute or to comply with the terms of the contract. Any award rendered by the arbitrator will be final and binding upon each of the parties, and judgment thereon may be entered in any court having jurisdiction thereof. The Federal Arbitration Act will govern the interpretation and enforcement of this section. During the dependency of such arbitration and until final judgment thereon has been entered, these Terms and Conditions will remain in full force and effect unless otherwise terminated as provided hereunder. If a provision of this clause is held to be invalid, the remainder of the clause will remain in full force and effect, and, to this end, the provisions of this clause are severable. In the event that any State or Federal court rules that this arbitration provision is defective in whole or part or permits an action to be filed in a State or Federal court then the parties agree to have their dispute heard before a court located nearest to Orange County, California.

     The parties also agree to have any such dispute heard before a Judge and waive any rights to a trial by jury THAT THE APP IS LIABLE, INCLUDING BUT NOT LIMITED TO ANY CLAIM OR CONTROVERSY AS TO ARBITRABILITY (DISPUTE, SHALL BE FINALLY AND EXCLUSIVELY SETTLED BY BINDING ARBITRATION. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY ANY STATE OR FEDERAL COURT HAVING JURISDICTION NEAREST TO IRVINE COUNTY, CALIFORNIA. THE ARBITRATOR SHALL NOT HAVE THE POWER TO AWARD DAMAGES IN CONNECTION WITH ANY DISPUTE IN EXCESS OF ACTUAL COMPENSATORY DAMAGES AND SHALL NOT MULTIPLY ACTUAL DAMAGES OR AWARD CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, AND EACH PARTY IRREVOCABLY WAIVES ANY CLAIM THERETO. YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. BOTH YOU AND THE SITE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL.

ASSIGNMENT.  The App may assign its rights and obligations pursuant to these Terms and Conditions without prior notice. You may not assign your membership or your rights or obligations pursuant to these Terms and Conditions.

COMMUNICATION BETWEEN US. You understand that the App may monitor, tape and/or record any conversation that may occur between us. However, the App is not obligated to do so and it may choose not to do so. You authorize the App to contact you at its discretion by using prerecorded messaging, predictive dialing devices, and electronic messaging including but not limited to SMS, Text, MMS, Chat, IM, and Email. If you choose not to be contacted by this method, please contact member services.

HIPAA NOTICE OF PRIVACY RIGHTS. THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION MAY BE USED AND DISCLOSED AND HOW A PROVIDER PATIENT CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

     This HIPAA Notice of Privacy Practices (the “Notice”) is being provided to a Provider. It contains important information regarding a patient’s medical information. A patient has the right to receive a paper copy of this Notice. The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) imposes numerous requirements on health care practices, defined as Covered Entities, regarding how certain individually identifiable health information – known as protected health information (“PHI”) may be used and disclosed. We understand that medical information about your patient’s health is personal. We are committed to protecting medical information and will use it to the minimum necessary to accomplish the intended purpose of the use, disclosure or request of it. As required by law, this notice provides you with information about our legal duties and privacy practices with respect to the privacy of PHI. This notice also discusses the uses and disclosures that may be made of PHI. We must comply with the provisions of this notice as currently in effect, although we reserve the right to change the terms of this notice from time to time and to make the revised notice effective for all PHI we maintain.

PERMITTED USES AND DISCLOSURES:

We can use or disclose PHI for purposes of treatment, payment, and health care operations.

 OTHER USES AND DISCLOSURES OF PROTECTED HEALTH INFORMATION:

We may also use PHI in the following ways:

• To provide appointment reminders.
• When permitted by law, we may coordinate our uses and disclosures of PHI with public or private entities authorized by law or by charter to assist in disaster relief efforts.
• In certain cases, we will provide information to contractors, agents and other parties who need the information in order to perform a service for us (“Business Associates”), including, without limitation, obtaining payment for health care services, technology services providers, or carrying out other business operations. In those situations, PHI will be provided to those contractors, agents and other parties as is needed to perform their contracted tasks. Business Associates are required to enter into a BAA maintaining the privacy of the protected health information released to them under certain terms and conditions required of them by state and federal law.

•       We will use or disclose PHI about when required to do so by applicable law, only to the extent necessary to meet such a requirement.

• Incidental uses and disclosures of PHI sometimes occur and are not considered to be a violation of rights. Incidental uses and disclosures are by-products of otherwise permitted uses or disclosures which are limited in nature and cannot be reasonably prevented.

 RIGHTS:

A Provider patient has the right to request restrictions on uses and disclosures of PHI for treatment, payment and health care operations and the right to inspect and copy the PHI contained in Provider records subject to certain exceptions.

To request an accounting of disclosures of PHI, a Provider patient must submit a request in writing that states a specific time period for the accounting (e.g., the past year). A Provider patient has the right to receive a notification, in the event that there is a breach of  unsecured PHI, which requires notification under the Privacy Rule.

NOTICE REGARDING USE OF TECHNOLOGY:

We may use electronic software, services, and equipment (“Technology”) to share PHI with third-parties subject to the rights and restrictions contained herein. In any event, certain unencrypted storage, forwarding, communications and transfers may not be confidential. We will take measures to safeguard the data transmitted, as well as ensure its integrity against intentional or unintentional breach or corruption. However, in very rare circumstances security protocols could fail, causing a breach of privacy or PHI.

CHANGES TO THIS NOTICE:

We reserve the right to change this Notice at any time, for any reason permissible by law. We reserve the right to make the revised or changed Notice effective for PHI and medical information we already have as well as any information we receive in the future. We will post a copy of the current Notice at the Site and provide copies to the facilities we provide care at. The Notice will contain on the first page, in the top right-hand corner, the effective date.

COMPLAINTS

If you believe that a patient’s privacy rights have been violated, you should immediately contact us. You also may file a complaint with the Secretary of the U.S. Department of Health and Human Services.

CONTACT PERSON

If you have any questions or would like further information about this Notice, please contact us. This notice is effective as of March 2023.

If you have an account on this site, you can request to receive an exported file of the personal data we hold, including any data you have provided to us. You can also request that we erase any personal data we hold. This does not include any data we are obliged to keep for administration.

A PROVIDER WHO USES THIS APP ACKNOWLEDGES THAT HE OR SHE HAS READ AND UNDERSTANDS THESE TERMS OF USE ALONG WITH THE DISPUTE RESOLUTION AND ARBITRATION AGREEMENT, THE BAA, THE PRIVACY POLICY AND THE HIPAA POLICY AND THERFORE WILL BE BOUND BY THESE AGREEMENTS AND POLICIES.