Last Updated: January 29th, 2015
By Pressing ‘Submit’ Customer agrees to enter into this agreement.
If you, the Customer, do not want to agree to these terms, do not complete the sign up process. Customers who do not agree to these Terms may not use the Service.
This agreement is between Inbox Health, Corp., a Connecticut corporation (Inbox Health, We, Our, or Us), and the entity or individual agreeing to these terms (You, Your or User).
Inbox Health, Corp (“Inbox Health,” “We,” “Our” or “Us”) operates its website located at www.InboxHealth.com (the “Site”) and provides a web-based service designed to provide healthcare providers with a platform for sending invoices, processing payments, and tracking patient interaction with invoices related to medical services they provide (the “Service”).
The term “You”, “Your” or “User” shall refer to any person, entity or user who views, uses, accesses, browses or submits any content or material to Inbox Health or has created an account to use the Service (an “Account”).
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE.
IF YOU ACCEPT OR AGREE TO THESE TERMS ON BEHALF OF A HEALTHCARE PROVIDER OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT HEALTHCARE PROVIDER OR OTHER LEGAL ENTITY TO THESE TERMS OF SERVICE AND, IN SUCH EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT HEALTHCARE PROVIDER OR OTHER LEGAL ENTITY AND ALL OF ITS DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES AND AGENTS.
IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR CONTENT.
INBOX HEALTH RESERVES THE RIGHT TO MODIFY THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE. YOU AGREE THAT EACH VISIT YOU MAKE TO THE SITE SHALL BE SUBJECT TO THE THEN-CURRENT TERMS, AND CONTINUED USE OF THE SERVICE NOW OR FOLLOWING MODIFICATIONS IN THESE TERMS CONFIRMS THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY SUCH MODIFICATIONS.
“Content” means all content located on or contained on the Site or any other website owned or controlled by Inbox Health.
“Data” means all data, materials or information provided by You or Your employees in connection with Your use of the Service, including, without limitation, medical and financial data and information.
“Patient User” means an individual that has registered to use the Service and has created an Account. Patient Users shall assume all rights and obligations hereunder on behalf of any family user or dependent for which Payments are made (on their behalf) using the Services.
“User” means any Patient User or Provider User.
“Password” means the unique password assigned to each User for access to the Service.
“Payment” means any payment made by, or on behalf of, an Patient User to a Provider User made through or in connection with the Site or the Services.
“Provider User” means a healthcare provider that has registered to use the Service and has created an Account.
“User” means each Patient User and, as regards each Provider User, “User” includes Your employees, representatives, consultants, contractors or agents who are authorized to use the Service on Your behalf pursuant to Your acceptance of the Terms.
“Guest” means any User who uses Inbox Health to view or pay an Invoice without registering for an account.
“Invoice” means any statement of balance sent to a User of Inbox Health
Patient Users. In order to access certain features of the Site and Services, You must register to create an Account and become an “Patient User.” During the registration process, You will be required to provide certain information and You will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Inbox Health reserves the right to suspend or terminate Your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding Your Password. You agree not to disclose Your Password to any third party and to take sole responsibility for any activities or actions under Your Account, whether or not You have authorized such activities, Payments or actions. You will immediately notify Inbox Health of any unauthorized use of Your Account.
In some instances, Patient Users will be created through an automated process. Patient Users are automatically generated in instances where You utilize the services of a Provider User who has contracted Inbox Health to fulfill their patient billing needs. If you would do not wish to receive certain types of notifications from Inbox Health, please contact us at firstname.lastname@example.org.
Provider Users. As part of the registration process, You will complete an application and identify an administrative user name and Password for Your Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Inbox Health reserves the will immediately suspend or terminate Your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding Your Password. You agree not to disclose Your Password to any third party and to take sole responsibility for any activities or actions under Your Account, whether or not You have authorized such activities or actions. You will immediately notify Inbox Health of any unauthorized use of Your Account. You agree that Inbox Health shall have the right, in our reasonable discretion, to provide Patient Users with the opportunity to have payments made to You through the Service, the Site or any other distribution channel, or by way of any Inbox Health partner, payment processor or otherwise. To the extent generally available using the Service, Inbox Health will provide You with access to Data in connection with such payments. Further, you allow Inbox Health access to any data required to perform The Service, including demographic and contact information about Your Patients, provided Inbox Health uses this information only for the Services outlined in these Terms.
Subject to these Terms, Inbox Health hereby grants to You a non-sublicensable, non-transferable, non-exclusive right and license to access and use the Service and Content only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to Inbox Health. You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise exploit or make the Service available to any third party; (b) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, or (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service. You shall comply with any codes of conduct, policies or other notices Inbox Health publishes in connection with the Service.
Any software that may be made available by Inbox Health in connection with the Service, such as mobile applications (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. Any rights not expressly granted herein are reserved and, except as expressly permitted through the Service, no license or right to use any trademark of Inbox Health or any third party is granted to You in connection with the Service.
Access. You will not use Your access to the Service to: (a) access or copy any data or information of other Users without their written consent; (b) harvest, collect, gather or assemble information or Data regarding other Users without their written consent; (c) knowingly interfere with or disrupt the integrity or performance of the Service or the Data contained therein; or (d) harass or interfere with another User’s use and enjoyment of the Service. You will, at all times, comply with all applicable local, state, federal, and foreign laws in Your use of the Service.
Security. You are responsible for maintaining the confidentiality and security of Your Account and Password, and You are fully responsible for all activities that occur under Your Password or Account, and for any other actions taken in connection with the Account or Password. You agree to (a) immediately notify Inbox Health of any known or suspected unauthorized use(s) of Your Password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Your Password or credit card information; and (b) ensure that You exit from Your Account at the end of each session. Inbox Health will not be liable for any injury, loss or damage of any kind arising from or relating to Your failure to comply with (a) and (b) or for any acts or omissions by You or someone else using Your Account and/or Password.
Data. You are solely responsible for Your Data and You will not provide, post or transmit any Data or any other information, data or material that: (a) infringes or violates any intellectual property rights, publicity/privacy rights, law or regulation; or (b) contains any viruses or programming routines intended to damage, surreptitiously intercept or expropriate any system, Data or personal information. Inbox Health may take remedial action if Your Data violates these Terms; however, Inbox Health is under no obligation to review Your Data for accuracy or potential liability.
Restrictions. You are responsible for all activities that occur under Your Account. You will not, and will not attempt to (directly or indirectly): (a) reverse engineer, disassemble or decompile any component of the Site or Service or otherwise attempt to discover any source code, underlying ideas or algorithms contained in the Site or Service; (b) interfere in any manner with the operation of the Service or the Site; (c) allow a third party to access the Service or Site; (d) rent, lease, distribute, sell, resell, assign or otherwise transfer to a third party any of Your rights under these Terms; (e) use the Service or Site for the benefit of a third party, for timesharing or to operate a service bureau; (f) copy, modify, translate or make derivative works based on any part of the Site or the Service; (g) remove, cover, alter or obfuscate any logos, trademarks, internet links, confidentiality or proprietary rights notices, or any other notices or markings placed on or displayed by the Site or the Service; (h) publish or disclose to third parties the results of any evaluation or benchmark test run on the Site or Service without Inbox Health’s prior written consent; or (i) otherwise use the Site or Service in any manner that exceeds the scope of use permitted under these Terms.
You may not use the Service or Site for spamming, chain letters, junk mail or distribution lists to contact any person who has not given specific permission to be included in such list. You agree not to transmit, or permit Users to transmit, through the Service or Site, any unlawful, harassing, libelous, abusive, threatening, vulgar, obscene or otherwise objectionable material of any kind. You agree to only use the Service and Site for lawful purposes, in compliance with all applicable laws including, without limitations, copyright, trademark, obscenity and defamation laws. Unlawful activities may include, but are not limited to, storing, distributing or transmitting any unlawful material, attempting to compromise the security of any networked account or site, or making direct threats of physical harm.
Inbox Health Technology. You acknowledge and agree that Inbox Health or its suppliers retain all right, title and interest in and to (i) the Site, Service and all other software, materials, formats, interfaces, information and proprietary information and technology used by Inbox Health or provided to You in connection with the Service, (ii) all modifications and/or enhancements to the Site or Service, (iii) the Content, (iv) all suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You or learned as a result of Your use of the Service, (v) all transactional and performance data related to the use of the Site and the Service which Inbox Health may collect, use and disclose for its business purposes (including for purposes of software use optimization and product marketing) provided that such use does not reveal Your identity, any of Your Data, or any other personally identifiable information that belongs to You; and (vi) the Inbox Health logo, and the product and service names associated with the Service or otherwise contained on the Site, all of which are trademarks of Inbox Health (all of the foregoing being referred to herein collectively as, the ” Inbox Health Technology”). You acknowledge and agree that the Inbox Health Technology is comprised of intellectual property rights owned by or licensed to Inbox Health all of which are protected by intellectual property laws. Other than as expressly set forth in this Agreement, no license or other rights in the Inbox Health Technology are granted to You, and all such rights are hereby expressly reserved by Inbox Health.
By submitting Your Data to Inbox Health through the Site and Service, You are authorizing Inbox Health to use Your Data solely for the purpose of providing the Service. Inbox Health may use and store Your Data, but only to the extent necessary to provide the Services to You. By submitting Your Data to Inbox Health, You represent that You are entitled to submit such Data to Inbox Health for this purpose, without any obligation by Inbox Health to pay any fees or other limitations.
Additional Terms Applicable to Provider Users
You shall fully honor all Payments made to You and shall be solely and fully responsible for any and all damages, claims, liabilities, losses and costs suffered by or related to an Individual User concerning any Payments, including any partial payments or any failure to make payments.
You agree to cooperate with and provide reasonable assistance to Inbox Health in promoting and advertising the Service. By posting Your Data on or through the Service, You hereby do and shall grant Inbox Health a worldwide, non-exclusive, royalty-free, fully paid sublicensable (through multiple tiers), and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Data in connection with the Service. Inbox Health reserves the right to use Your name and/or the name of Your healthcare practice as a reference for marketing or promotional purposes on the Site and in other communication with existing or potential Users. To decline Inbox Health this right, please email email@example.com stating that You do not wish to be used as a reference.
No fees will be charged for joining Inbox Health. Inbox Health provides Patient Users with the ability to pay and monitor their bills for no charge.
Fees Charged to Provider Users. Some of the Service provided by Inbox Health is restricted to paying Provider Users. In these cases, we reserve the right to terminate Service if You fail to pay Your Subscription Fee in a timely manner. Payments more than seven (7) days beyond their due date will be considered past due, and my result in a termination of Your Service. A percentage will be deducted for some Provider Users (and retained by Inbox Health as a service charge) (the “Fees”) in addition to any payment of third party processing fees, from the amounts paid by Patient Users who make Payments, as described in the Service. All fees are to be disclosed to Practice Users when their Account is created. We reserve the right to change Inbox Health’s prices or Fees. If Inbox Health does change its Fees, Inbox Health will provide notice of the change on the Site or in an email to You, at Inbox Health’s option. Your continued use of the Service after the Fees change becomes effective constitutes Your agreement to the changed Fees amount. You shall be responsible for all taxes associated with Payments other than U.S. taxes based on Inbox Health’s net income. All amounts paid to or deducted by Inbox Health are non-refundable.
For amounts collected by Inbox Health from Payments made by Patient Users, Inbox Health will remit to You the Merchant Payment (defined below) to You, less the Fees and payment processing fees. For purposes hereof, “Merchant Payment” means the gross revenue actually received by Inbox Health from Patient Users, minus any taxes, chargebacks and bad debt. Any Merchant Payment will be paid to You in accordance with the payment information provided to Inbox Health by You through the Service, and You are solely responsible for ensuring such information remains accurate and up to date.
Inbox Health reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Site or the Services (or any part thereof), including but not limited to the Site’s features, look and feel, and functional elements and related Services.
If You breach any of these Terms, Inbox Health will have the right to suspend or disable Your Account or terminate these Terms, at its sole discretion and without prior notice to You.
Inbox Health further reserves the right to revoke Your access to and use of the Site, Services and Content at any time, with or without cause. You may cancel Your Account at any time by sending an email to firstname.lastname@example.org.
UPON ANY TERMINATION OR CANCELLATION OF YOUR ACCOUNT, ANY INFORMATION THAT YOU ACCESS VIA THE SITE OR THE SERVICES WILL NO LONGER BE ACCESSIBLE BY YOU VIA THE SITE OR SERVICES.
THE SITE, SERVICES AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, INBOX HEALTH EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. INBOX HEALTH MAKES NO WARRANTY THAT THE SITE, SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. INBOX HEALTH MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SERVICES OR CONTENT OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
ANY INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM INBOX HEALTH OR THROUGH THE SITE, SERVICES OR CONTENT, IS NOT INTENDED TO PROVIDE LEGAL, HEALTH OR FINANCIAL ADVICE AND WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU UNDERSTAND AND AGREE THAT ANY INFORMATION STORED ON OR ACCESSIBLE VIA THE SITE AND SERVICE IS STORED AND ACCESSIBLE AT YOUR OWN DISCRETION AND RISK AND THAT INBOX HEALTH WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DISCLOSURE OF OR DAMAGE TO YOUR DATA AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
You shall indemnify, defend and hold Inbox Health, its officers, directors, users, employees and agents harmless from all claims, losses, demands, liabilities, judgments, damages and costs (including reasonable attorneys’ fees) arising from or relating to: (a) use of the Service or Site (including claims by any of Your employees or business partners) by You or any third party using a Password assigned to You; (b) a breach by You of any of Your obligations, representations, warranties or covenants contained in these Terms; or (c) any claim alleging that Your Data, or the use of Your Data pursuant to these Terms, infringes, misappropriates or violates the intellectual property or any other rights of a third party or otherwise causes harm to a third party.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND CONTENT REMAINS WITH YOU.
NEITHER INBOX HEALTH NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, INCLUDING, BUT NOT LIMITED TO, INTERRUPTED COMMUNICATIONS, LOST OR INACCURATE DATA OR FROM THE USE OF OR INABILITY TO USE, THE SITE, SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT INBOX HEALTH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL INBOX HEALTH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF: (A) THE AMOUNT OF FEES PAID BY YOU TO INBOX HEALTH IN THE THIRTY (30) DAYS PRIOR TO THE ACT OF INJURY THAT GAVE RISE TO THE LIABILITY, IF ANY, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00). ALL CLAIMS THAT YOU MAY HAVE AGAINST INBOX HEALTH WILL BE AGGREGATED TO SATISFY THIS LIMIT AND MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INBOX HEALTH AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You acknowledge that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, You acknowledge that such consideration includes, without limitation, Your use of the Services and receipt or use of Data and Content through the Site.
This Site is created and controlled by Inbox Health in the State of Connecticut, U.S.A. You agree that these Terms will be governed by and construed in accordance with the laws of the United States of America and the State of Connecticut, without regard to its conflicts of law provisions. Use of the Site or the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms. Inbox Health makes no claims or assurances that the Services are appropriate or may be used outside of the United States. You agree that all legal proceedings arising out of or in connection with these Terms, or the Services available on or through the Site must be filed in a federal or state court located in Hartford County, Connecticut, within one year of the time in which the events giving rise to such claim began, or Your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.
You may not assign or transfer these Terms, by operation of law or otherwise, without Inbox Health’s prior written consent. Any attempt by You to assign or transfer these Terms, without such consent, will be null and of no effect. Inbox Health may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
If any portion of these Terms is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms shall continue to be enforceable and valid according to terms contained herein.
The failure of Inbox Health to exercise or enforce any right or provision of these Terms shall not constitute a waiver of said right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Inbox Health. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
You agree that Inbox Health is providing the Services as an independent contractor and nothing herein shall be deemed to constitute a partnership, joint venture or other business collaboration with You. The section titles in these Terms are for Your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.
If You have any questions about these Terms, or to provide notice of cancellation or termination, please contact us at email@example.com.
Payment processing services for customers on Inbox Health are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this agreement or continuing to operate as a customer on Inbox Health, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Inbox Health enabling payment processing services through Stripe, you agree to provide Inbox Health accurate and complete information about you and your business, and you authorize Inbox Health to share it and transaction information related to your use of the payment processing services provided